Poclin (Migration)

The Administrative Appeals Tribunal considered the case of Mr Poclin, who sought review of a decision not to grant him a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The central dispute concerned whether Mr Poclin met the primary criteria for this visa, specifically those relating to skills assessment for his nominated occupation.

The legal issues before the Tribunal were whether Mr Poclin had satisfied the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994. Clause 485.223 requires that the visa application be accompanied by evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation. Clause 485.224 requires that the applicant's skills have been assessed as suitable for the nominated occupation by a relevant assessing authority within the last three years, and that any validity period for the assessment has not expired.

The Tribunal found that Mr Poclin had nominated the occupation of Construction Project Manager, which is a specified skilled occupation, and that Vocational Education and Training Assessment Services (VETASSESS) was the relevant assessing authority. It was not disputed that Mr Poclin provided evidence of having applied for a skills assessment from VETASSESS at the time of lodging his visa application, thus satisfying clause 485.223. However, the Tribunal noted that Mr Poclin had provided a negative skills assessment outcome from VETASSESS dated 6 November 2015. VETASSESS indicated that Mr Poclin would be eligible to apply for a full skills assessment once he had completed one year of employment at an appropriate skill level in a field highly relevant to his nominated occupation.

On the basis of these findings, the Tribunal concluded that Mr Poclin did not satisfy the requirements of clause 485.224, as his skills had not been assessed as suitable for the nominated occupation. As this was the only relevant visa subclass, the Tribunal affirmed the decision not to grant Mr Poclin the Skilled (Provisional) (Class VC) visa.