Xiao (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Administrative Appeals Tribunal. The applicant sought review of a decision concerning her eligibility for the visa, specifically in relation to the requirement for a skills assessment for her nominated occupation.

The central legal issue before the Tribunal was whether the applicant had met the requirements of clause 485.224(1) of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant's skills for their nominated occupation must have been assessed as suitable by the relevant assessing authority within the preceding three years, and that any specified validity period for that assessment must not have expired. The applicant had nominated the occupation of Early Childhood (Pre-Primary School) Teacher, for which the Australian Institute for Teaching and School Leadership Limited (AITSL) is the relevant assessing authority.

The Tribunal found that the applicant had now provided evidence of a skills assessment from AITSL, completed on 25 October 2019, which satisfied the three-year timeframe and had not expired. Consequently, the Tribunal was satisfied that the applicant met the requirements of clause 485.224(1). As this criterion was now met, the Tribunal remitted the application to the Minister for reconsideration of the remaining eligibility criteria for the visa.