Thapa (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Thapa concerning his application for a Skilled Independent (Permanent) visa (Subclass 189). The dispute centred on whether the skills assessments provided by Mr. Thapa met the requirements of clause 189.222 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant's skills assessment satisfied clause 189.222(1), which mandates that at the time of invitation to apply for the visa, the relevant assessing authority must have assessed the applicant's skills as suitable for their nominated occupation. This assessment must not be for a Subclass 485 visa and must meet currency requirements. Additionally, the Tribunal had to consider clause 189.222(2), which stipulates that if the assessment was based on a qualification obtained in Australia while holding a student visa, that qualification must have resulted from studying a registered course.

The Tribunal reasoned that the applicant's first skills assessment was too old to satisfy the currency requirements of clause 189.222(1)(d). However, the applicant's second skills assessment, dated 10 January 2019, was found to be valid as it fell within the invitation period, which the Federal Circuit Court in *Thapa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs* [2021] FCCA 686 determined to be the period from the invitation date until its expiry. As this assessment was from a relevant authority, was not for a Subclass 485 visa, and was valid at the time of invitation, it met the requirements of clause 189.222(1). Furthermore, the assessment indicated the applicant's Master of Professional Accounting qualification was recognised as comparable to an Australian Bachelor degree, and there was no indication it was based on a non-registered course, thus satisfying clause 189.222(2).

Consequently, the Tribunal found that the applicant satisfied clause 189.222 and remitted the visa application for reconsideration by the Minister, with a direction that the applicant meets this specific criterion.