Perez (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled Work Regional (Provisional) visa (Subclass 491). The applicant's nominated occupation was Café or Restaurant Manager. The core of the dispute revolved around whether the applicant met the primary criteria for the visa, specifically concerning the validity of their skills assessment in light of their Australian qualification.

The legal issue before the Tribunal was whether the applicant's qualification, obtained in Australia while holding a student visa, was the result of studying a registered course, as required by clause 491.214(2) of the Migration Regulations 1994. This clause stipulates that if a skills assessment is made on the basis of an Australian qualification obtained while holding a student visa, that qualification must have been obtained from a registered course.

The Tribunal reasoned that the applicant's Diploma of Hospitality Management, obtained from FMEDGE, was not a registered course within the meaning of the *Education Services for Overseas Students Act 2000*. While the applicant received a positive skills assessment from VETASSESS for the nominated occupation, the Tribunal found that this assessment was not made solely on the basis of the qualification. VETASSESS's requirements for a positive assessment for this occupation explicitly included both qualifications and employment. The applicant conceded that the course was not registered and that they held a student visa during their studies. Therefore, the Tribunal concluded that the applicant failed to satisfy the primary criteria under clause 491.214(2).

The Tribunal affirmed the delegate's decision, finding that the applicant did not meet the requirements for the Subclass 491 visa.