Sharma (Migration)

This matter concerned an application for a Subclass 189 visa, brought by the first-named applicant. The dispute before the Tribunal was whether the applicant satisfied the criteria set out in clause 189.222(1) of Schedule 2 to the Migration Regulations 1994 (Cth). The Tribunal, constituted by Michelle East, was required to determine if the applicant's skills had been assessed as suitable by the relevant assessing authority at the time of invitation to apply for the visa, and if that assessment was not for a Subclass 485 visa.

The Tribunal considered the requirements of clause 189.222(1), which mandates that for invitations issued on or after 28 October 2013, the skills assessment cannot be for a Subclass 485 visa. For applications made on or after 1 July 2014, the assessment must also be current at the time of invitation. The Tribunal noted that while the actual assessment need not be submitted with the initial application, evidence of its existence at the time of invitation must be provided by the decision date.

The Tribunal found that the applicant's Skills Assessment Certificate from the Australian Institute for Teaching and School Leadership, dated 26 June 2018, was issued by the relevant assessing authority for the nominated occupation of Early Childhood (Pre-primary school) Teacher. Crucially, the Tribunal was satisfied that on 11 June 2019, the date the applicant was invited to apply, this assessment was valid, was not for a Subclass 485 visa, and remained valid at the time of the visa application. Consequently, the Tribunal concluded that the applicant met the requirements of clause 189.222(1). The Tribunal remitted the application to the Minister for reconsideration of the remaining criteria.