Working holiday visas

In Thapa v Minister for Immigration [2021] FCCA 686, the Federal Circuit Court clarified that subclass 189 visa applicants with expired skills assessments can still qualify if they obtain a new assessment within the 60-day invitation period. The Department of Home Affairs had refused the applicant’s visa because their assessment was not valid on the invitation date, but the court ruled that “at the time of invitation” includes the full 60-day period.

This decision provides flexibility, allowing expired assessments to be updated within the 60-day invitation window.