Samantha (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal, constituted by Karen Synon, was required to determine whether the applicant met the criteria for the visa, specifically those relating to a skills assessment for their nominated occupation.

The primary legal issues before the Tribunal were whether the applicant had satisfied the requirements of clause 485.223 of Schedule 2 to the Migration Regulations 1994, which mandates that a visa application must be accompanied by evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation. The Tribunal also considered the applicant's assertion that they intended to apply under the Post-Study Work stream rather than the Graduate Work stream.

The Tribunal found that the applicant had not satisfied clause 485.223 because the visa application form indicated that the applicant had not applied for a skills assessment with Engineers Australia, the relevant assessing authority for the nominated occupation of ‘Agricultural Engineer’. The applicant’s statement to the Tribunal revealed a misunderstanding of the visa streams, acknowledging they had chosen the Graduate Work stream instead of the Post-Study Work stream, despite having a Bachelor's degree. However, the Tribunal also found that the applicant met the requirements of clause 485.231(1).

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with a direction that the applicant meets the criteria specified in clause 485.231(1) of Schedule 2 to the Regulations.