1611975 (Migration)

This matter concerned an application for a Subclass 485 visa in the Graduate Work stream, brought before Senior Member Miriam Holmes of the 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 specific skill-related requirements.

The Tribunal was required to determine whether the applicant's skills for their nominated occupation, Motor Mechanic General (ANZSCO 321211), had been assessed as suitable by a relevant assessing authority within the preceding three years, and if any validity period for such an assessment had not expired, as stipulated by clause 485.224(1) and (1A) of the Regulations. The definition of a "skilled occupation" and a "relevant assessing authority" as provided in the Regulations and relevant legislative instruments were also pertinent to this determination.

The Tribunal reasoned that the applicant had provided a skills assessment from Trades Recognition Australia (TRA), dated 22 July 2016, which confirmed their skills as a Motor Mechanic (General) ANZSCO 321211 were suitable. Having verified this assessment, the Tribunal was satisfied that the applicant met the requirements of clause 485.224(1) and, consequently, clauses 485.223 and 485.224 of Schedule 2 to the Regulations. Accordingly, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first named applicant met the criteria under clause 485.224(1) of Schedule 2 to the Regulations.