Min (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant her a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream. The central dispute revolved around whether the applicant had met the regulatory requirements concerning skills assessment prior to lodging her visa application.

The Tribunal was required to determine if the applicant satisfied the primary criteria for the Subclass 485 visa, as set out in clauses 485.223 and 485.224 of Schedule 2 to the Regulations. Specifically, the Tribunal had to ascertain whether the applicant had provided evidence that she had applied for a skills assessment with the appropriate authority for her nominated skilled occupation at the time of her visa application.

The Tribunal reasoned that clause 485.223 mandates that a visa application must be accompanied by evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation. The applicant had nominated Early Childhood (Pre-Primary School) Teacher, for which the Australian Institute for Teaching and School Leadership (AITSL) is the relevant assessing authority. The applicant's statutory declaration and reference to the Department's website did not demonstrate that she had made such an application. The Tribunal noted that the applicant's circumstances, including her first student visa being approved in 2009, meant she could not meet the requirements for the Post-Study Work stream visa, which has different criteria. Consequently, the Tribunal found that the applicant had not satisfied the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.