Mushtaq (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Mushtaq concerning his application for a Skilled Regional Sponsored (Provisional) (Class SP) visa, Subclass 489. The dispute centred on whether Mr. Mushtaq met the requirements for a skills assessment for his nominated occupation of Accountant (General) at the time he was invited to apply for the visa.

The Tribunal was required to determine if Mr. Mushtaq satisfied clause 489.222(1) of the Migration Regulations. This clause mandates that at the time of invitation to apply, the applicant must have a skills assessment from the relevant assessing authority that is suitable for their nominated occupation, was not for a Subclass 485 visa, and was within its validity period or, if no period was specified, was not more than three years old.

The Tribunal noted that Mr. Mushtaq was invited to apply on 18 September 2018. While he initially provided skills assessments dated outside the relevant three-year period or after the invitation date, he subsequently provided a skills assessment from CPA Australia dated 5 February 2016. This assessment confirmed his Bachelor of Commerce Accountancy was comparable to an Australian Bachelor degree and deemed him suitable for the nominated occupation. The Tribunal found this assessment met the requirements of clauses 489.222(1)(a) and (b), and as it did not specify a validity period, clause 489.222(1)(d) applied, which was satisfied as less than three years had passed since the assessment date. Consequently, the Tribunal remitted the matter to the Minister for reconsideration, with a direction that Mr. Mushtaq met the criteria under clause 489.222(1).