Shimoyama (Migration)

The Administrative Appeals Tribunal considered a Skilled (Provisional) (Class VC) visa application, Subclass 485, in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which relate to the applicant's skills in their nominated occupation. The dispute centred on whether the applicant had met the requirements for a skills assessment for their nominated occupation, Civil Engineering Draftsperson.

The Tribunal was required to determine whether the applicant had provided evidence of applying for a skills assessment by a relevant assessing authority at the time of their visa application, as stipulated by clause 485.223(1). Furthermore, the Tribunal had to ascertain whether the applicant's skills had been assessed as suitable for the nominated occupation by a relevant assessing authority within the preceding three years, in accordance with clause 485.224(1). The Tribunal also considered whether any additional requirements applied concerning qualifications obtained in Australia.

The Tribunal found that the applicant had satisfied the requirements of clause 485.223(1) by submitting confirmation of their application to VETASSESS, a relevant assessing authority, on 18 August 2023, which accompanied their visa application lodged on 21 August 2023. The Tribunal also determined that the applicant met the requirements of clause 485.224(1), as their skills assessment was based on a degree completed in their home country, meaning the additional requirements related to Australian qualifications did not apply. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant met the criteria under clauses 485.223 and 485.224.