1609222 (Migration)

The Administrative Appeals Tribunal considered an application by an individual seeking to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream. The dispute centred on whether the applicant met the requirements of clause 485.224 of Schedule 2 to the Regulations, which pertains to the applicant's skills in relation to their nominated skilled occupation.

The legal issue before the Tribunal was whether the applicant had been assessed as suitable for their nominated occupation, Motor Mechanic (General) (ANZSCO 321211), by a relevant assessing authority within the preceding three years, and whether any specified validity period for such an assessment had expired. The applicant had initially provided a skills assessment from Trades Recognition Australia dated 9 May 2016, which indicated an unsuccessful outcome. Subsequently, the applicant provided a further skills assessment from the same authority, dated 12 July 2016, which confirmed a successful assessment for the nominated occupation.

The Tribunal reasoned that Trades Recognition Australia was the appropriate assessing authority for the nominated occupation. Based on the skills assessment dated 12 July 2016, which confirmed a successful outcome and was finalised on that date, the Tribunal was satisfied that the applicant's skills had been assessed as suitable by a relevant authority within the last three years, thus meeting the requirements of clause 485.224(1). Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 485.224(1) of Schedule 2 to the Regulations.