1603636 (Migration)

The Administrative Appeals Tribunal considered a visa application made by an individual seeking a Skilled - Independent (Permanent) (Class SI) visa, Subclass 189. The applicant's nominated occupation was Chef, and the relevant assessing authority was Trades Recognition Australia (TRA). The core dispute revolved around whether the applicant had met the requirement for a suitable skills assessment at the time of invitation to apply for the visa.

The Tribunal was required to determine if the applicant's skills assessment satisfied the criteria stipulated in clause 189.212(1)(a) of Schedule 2 to the Migration Regulations. This clause mandates that at the time of invitation to apply, the applicant's skills must have been assessed as suitable for their nominated skilled occupation by the relevant assessing authority. For invitations issued on or after 28 October 2013, the assessment cannot be for a Subclass 485 visa, and for applications made on or after 1 July 2014, additional requirements regarding the currency of the assessment apply.

The Tribunal found that the applicant had initially provided a Certificate IV in Commercial Cookery instead of a formal skills assessment. However, upon reconsideration, the applicant provided a skills assessment dated 1 October 2015, which was verified by TRA as suitable for the occupation of Chef. The Tribunal was satisfied that this assessment was obtained and valid at the time of the applicant's invitation to apply for the visa on 12 December 2015, thus meeting the requirements of clause 189.212(1)(a). Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria.