1609140 (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485, in the Graduate Work stream. The applicant sought to satisfy the primary criteria for the visa, specifically clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994, which relate to skills assessments for nominated occupations. The Tribunal, presided over by Alison Mercer, considered the applicant's nominated occupation of Child Care Centre Manager and the requirements for a positive skills assessment by the relevant assessing authority, TRA.

The legal issues before the Tribunal were whether the applicant had provided evidence of applying for a skills assessment with the relevant authority at the time of the visa application, as required by clause 485.223, and whether the applicant's skills had been assessed as suitable for the nominated occupation by a relevant assessing authority within the preceding three years, as stipulated by clause 485.224. The Tribunal also considered the validity period of any such assessment and an additional requirement if the assessment was based on an Australian qualification obtained while holding a student visa.

The Tribunal found that the applicant had satisfied clause 485.223 by providing evidence of an application to TRA for a skills assessment for the nominated occupation on 19 January 2016, which was a specified skilled occupation. Regarding clause 485.224, the Tribunal noted that at the time of the delegate's decision, the applicant had applied for a skills assessment from TRA but had received an unsuccessful outcome, for which an internal review was sought. Despite this, the Tribunal concluded that the applicant met the requirements of both clauses 485.223 and 485.224. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met these specific criteria.