Wedingco (Migration)

This matter concerned an application for review by Mr and Mrs Wedingco of a decision to refuse their application for a Subclass 186 Employer Nomination Scheme visa, Direct Entry stream. The dispute centred on whether Mr Wedingco satisfied a 'time of application' criterion, specifically clause 186.234, relating to a skills assessment.

The Tribunal was required to determine whether Mr Wedingco met the requirements of clause 186.234 of the Migration Regulations 1994 as at 30 January 2019, the date of the visa application. This involved considering an interregnum between the expiry of a prior skills assessment and the issuing of a subsequent one.

The Tribunal found that Mr Wedingco did not satisfy the criterion as at the date of application. However, it noted that he had satisfied the criterion both before the application and again shortly after, on 24 April 2019, having applied for the new skills assessment before the previous one expired. Despite this, the Tribunal affirmed the decision under review because the requirements for the Direct Entry stream had not been met at the time of application. The Tribunal also recommended the matter be considered for Ministerial intervention, highlighting the applicants' long-term contributions to the Australian community, their employment, their daughter's Australian birth and schooling, and their strong community ties.