1611001 (Migration)

This matter concerned an appeal by Mr. Seo against a decision of the Administrative Appeals Tribunal (AAT) regarding his application for a Subclass 485 visa in the Graduate Work stream. Ms. Lee, as a member of Mr. Seo's family unit, had her application similarly affected. The AAT had determined that it could make a favourable decision on the papers and was considering whether Mr. Seo met the primary criteria for the visa, specifically those relating to his skills in relation to his nominated skilled occupation.

The central legal issues before the AAT were whether Mr. Seo had satisfied the requirements of clause 485.223 and clause 485.224 of Schedule 2 to the Migration Regulations 1994. Clause 485.223 requires that the visa application be accompanied by evidence of an application for a skills assessment from a relevant assessing authority for the nominated skilled occupation. Clause 485.224 requires that the applicant's skills for the nominated occupation have been assessed as suitable by a relevant assessing authority within the last three years, and that any validity period for the assessment has not expired.

The AAT found that Mr. Seo had nominated the occupation of Carpenter (ANZSCO 331212), which is a specified skilled occupation, and that the relevant assessing authority was Trade Recognition Australia (TRA). The Tribunal was satisfied that Mr. Seo had provided evidence of his application for a skills assessment from TRA when he lodged his visa application, thus meeting the requirements of cl.485.223. Furthermore, the AAT noted that Mr. Seo had provided a Provisional Skills Assessment Application Result from TRA, dated 18 July 2016, confirming he met the requirements for the occupation of Carpenter for the purposes of his visa application, thereby satisfying cl.485.224.

Consequently, the AAT remitted the applications for Skilled (Provisional) (Class VC) visas for reconsideration by the Department, with a direction that Mr. Seo met the criteria under cl.485.224 of Schedule 2 to the Regulations. Ms. Lee's application was to be determined by reference to the outcome of Mr. Seo's application.