Niraula (Migration)

The Administrative Appeals Tribunal considered the case of Niraula, an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The dispute centred on whether the applicant met the primary criteria for this visa, specifically those relating to skills assessment for the nominated occupation of registered nurse.

The Tribunal was required to determine two key legal issues. Firstly, whether the applicant had satisfied the requirements of clause 485.223 of Schedule 2 to the Regulations, which mandates that a visa application be accompanied by evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation. Secondly, the Tribunal had to ascertain whether the applicant met the requirements of clause 485.224 of Schedule 2 to the Regulations, which stipulates that the applicant's skills must have been assessed as suitable for the nominated occupation by a relevant assessing authority within the preceding three years, and that any validity period for the assessment must not have expired.

The Tribunal reasoned that the applicant had provided evidence of applying for a skills assessment with the Australian Nursing & Midwifery Accreditation Council (ANMAC), the relevant assessing authority for registered nurses, at the time of lodging the visa application, thus satisfying clause 485.223. Furthermore, the Tribunal found that the applicant had submitted a successful skills assessment from ANMAC, dated 23 August 2017 and valid for two years, which met the requirements of clause 485.224.

Consequently, the Tribunal concluded that the applicant met the criteria outlined in clauses 485.223 and 485.224. The matter was remitted to the Minister for reconsideration of the remaining visa criteria.