1611081 (Migration)

This matter concerned an application for a Subclass 485 visa in the Graduate Work stream, brought before the Administrative Appeals Tribunal. The applicant sought to satisfy the primary criteria for this visa, specifically clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which relate to the applicant's skills in their nominated occupation. The central dispute revolved around whether the applicant had met these skill-related requirements.

The Tribunal was required to determine whether the applicant's skills for their nominated occupation, Wall and Floor Tiler (ANZSCO 333411), had been assessed as suitable by the relevant assessing authority within the preceding three years, and if such an assessment had a validity period, whether that period had expired. The relevant assessing authority for this occupation was identified as Trades Recognition Australia (TRA).

The Tribunal found that the applicant had provided evidence of a provisional skill assessment from TRA, dated 18 July 2016, which indicated the applicant was successful. Based on this evidence, the Tribunal concluded that the applicant's skills had been assessed as suitable for the nominated occupation by the relevant authority within the last three years, thereby satisfying the requirements of clause 485.224(1). Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria.