Musumba (Migration)

The Administrative Appeals Tribunal considered a Skilled (Provisional) (Class VC) visa application, Subclass 485, Graduate Work stream. The applicant sought review of a decision concerning their eligibility for this visa. The core dispute revolved around whether the applicant had satisfied the skills assessment requirements for their nominated occupation, Registered Nurse (NEC).

The Tribunal was required to determine if the applicant met the criteria set out in clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal needed to ascertain whether the applicant had provided evidence of applying for a skills assessment by the relevant assessing authority (ANMAC) prior to lodging their visa application, and whether their skills had subsequently been assessed as suitable for the nominated occupation.

The Tribunal found that the applicant had nominated the occupation of Registered Nurse (NEC) – 254499, for which ANMAC is the relevant assessing authority. Evidence showed the applicant applied for a skills assessment on 22 December 2018, one day before their visa application on 23 December 2018. Despite some administrative issues with the assessment process, the Tribunal was satisfied that the applicant had applied for the assessment before the visa application date and that the assessment had since been completed. Consequently, the Tribunal concluded that the applicant met the requirements of clause 485.223. The Tribunal also found that the applicant met the requirements of clause 485.224, which pertains to the suitability assessment for the nominated occupation.

Based on these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant had met the criteria under clauses 485.223 and 485.224 of Schedule 2 to the Regulations.