Thapa (Migration)

This matter concerned an appeal by the applicant, Mr Thapa, against a decision to affirm the refusal of his application for a Skilled Independent (Permanent) visa (Subclass 189). The applicant had nominated the skilled occupation of Accountant.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 189.222(1) of the Migration Regulations 1994. This clause mandates that at the time of invitation to apply for the visa, the applicant's skills must have been assessed as suitable for their nominated occupation by the relevant assessing authority. For applications made on or after 1 July 2014, additional requirements regarding the currency of the skills assessment at the time of invitation apply.

The Tribunal considered the applicant's two skills assessments, both of which found him suitable for the nominated occupation. The first skills assessment was dated 21 September 2015. The Tribunal noted that while this assessment did not specify a validity period, regulation 189.222(d) applied, which requires that more than three years had not passed since the date of assessment. As the applicant's invitation to apply was dated 11 December 2018, more than three years had elapsed since the first skills assessment. Consequently, the Tribunal found that this assessment did not satisfy the criteria.

As the applicant failed to meet the requirements of clause 189.222(1) due to the expired skills assessment, the Tribunal concluded that he did not satisfy the criteria for the grant of a Subclass 189 visa. Accordingly, the Tribunal affirmed the decision under review.