Roxas (Migration)

The Administrative Appeals Tribunal considered the case of Roxas, 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 concerning the assessment of their skills for their nominated occupation.

The legal issue before the Tribunal was whether the applicant had satisfied clause 485.224 of Schedule 2 to the Migration Regulations 1994. This clause requires that an applicant's skills for their nominated skilled occupation have been assessed as suitable by a relevant assessing authority within the preceding three years, and that any validity period for that assessment has not expired. The Tribunal also considered the definition of a "skilled occupation" and a "relevant assessing authority" as provided by the Regulations.

The Tribunal reasoned that the applicant had nominated the occupation of Welfare Centre Manager (ANZSCO code 134214), which is a specified skilled occupation. For this occupation, Vetassess is a relevant assessing authority. The evidence before the Tribunal indicated that Vetassess had assessed the applicant's skills as not suitable for Welfare Centre Manager on 23 June 2017. Consequently, the Tribunal found that the applicant did not meet the requirements of clause 485.224.

As the applicant failed to satisfy the criteria for the subclass 485 visa, and this was the only relevant subclass in this case, the Tribunal affirmed the decision not to grant the visa.