Sun (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), made by an applicant who nominated the occupation of Accountant. The applicant had initially specified the Graduate Work stream in her application. However, during the review process, a submission was made on her behalf arguing that she had inadvertently applied for the Graduate Work stream instead of the Post-Study Work stream, and that she met the criteria for the latter. The decision was made by Member Nicola Findson of the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for the Graduate Work stream, specifically clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which relate to skills assessment for a nominated skilled occupation. If she did not meet these criteria, the Tribunal had to consider whether the application could be assessed against the Post-Study Work stream criteria, and if so, whether those criteria were met. A key issue was whether the applicant had applied for a relevant skills assessment as required by clause 485.223, given her response of 'no' to this question in her application form.

The Tribunal noted that clause 485.223 requires evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation. The applicant had nominated Accountant (General), and the relevant assessing authorities were CPAA, CAANZ, or IPA. Despite her response in the application, the Tribunal found that the applicant met clause 485.231 of Schedule 2 to the Regulations. The Tribunal considered the submission that the applicant had inadvertently applied for the Graduate Work stream and relied on the authority of *Araque (Migration) [2018] AATA 58* in which the Tribunal found substantial compliance with the application form allowed for assessment against a different stream.

Based on its findings, the Tribunal concluded that the appropriate course was to remit the visa application to the Minister for reconsideration. The Tribunal directed that the applicant met clause 485.231 of Schedule 2 to the Regulations, and the Minister was to consider the remaining criteria for the visa.