1613434 (Migration)

This matter concerned an application for a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream. The applicant sought to satisfy the primary criteria under clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which relate to the applicant's skills in relation to their nominated skilled occupation. The Tribunal was required to determine whether the applicant had met these specific requirements.

The Tribunal considered whether the applicant had applied for a relevant skills assessment and whether their skills had been assessed as suitable for the nominated occupation. Clause 485.223 mandates that the visa application be accompanied by evidence of an application for a skills assessment by a relevant assessing authority for a nominated skilled occupation. Clause 485.224 requires that the applicant's skills 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 Tribunal found that the applicant had nominated the occupation of 'Child Care Centre Manager', which is a specified skilled occupation, and that Trades Recognition Australia (TRA) was the relevant assessing authority. Evidence presented indicated that an application for a skills assessment was lodged on 21 May 2016, satisfying clause 485.223. Furthermore, the applicant provided evidence of a successful skills assessment issued by TRA on 13 September 2016, which was verified and not expressed to be valid for a particular period, thus meeting the requirements of clause 485.224.

Consequently, the Tribunal concluded that the applicant met the requirements of clauses 485.223 and 485.224. The matter was remitted to the Minister for reconsideration of the visa application, with a direction that these specific criteria had been satisfied.