Shah (Migration)

The Administrative Appeals Tribunal considered the case of Mr Shah, an applicant for a Skilled (Provisional) (Class VC) visa, subclass 485, Graduate Work stream. The dispute centred on whether Mr Shah had met the skills assessment requirements for his nominated occupation of Engineering Technologist.

The Tribunal was required to determine if Mr Shah had satisfied the criteria under clauses 485.223 and 485.224 of Schedule 2 to the Regulations, specifically concerning his skills assessment for the nominated occupation. Clause 485.223 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 found that Mr Shah had nominated Engineering Technologist as his skilled occupation and that Engineers Australia (EA) was the relevant assessing authority. Evidence showed that Mr Shah had applied to EA for a skills assessment on the same date he lodged his visa application, providing a receipt as proof. Although he did not initially provide the completed assessment, he explained that the processing was delayed due to requests for additional information. EA subsequently issued a positive skills assessment on 22 October 2018, which the Tribunal verified as genuine and valid. Consequently, the Tribunal concluded that Mr Shah met the requirements of clause 485.223.

Based on these findings, the Tribunal determined that Mr Shah met the requirements of both clauses 485.223 and 485.224. The Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria, with a direction that Mr Shah had satisfied these specific clauses.