Apron (Migration)

This matter concerned an applicant seeking to satisfy the primary criteria for a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream before the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant had met the requirements relating to skills assessment for their nominated occupation, Chef.

The Tribunal was required to determine if the applicant had satisfied clause 485.223 of Schedule 2 to the Regulations, which mandates evidence of an application for a skills assessment by a relevant assessing authority at the time of visa application, and clause 485.224, which requires a successful skills assessment by a relevant authority within the last three years, with the assessment remaining valid. The Tribunal also needed to consider the additional requirement under clause 485.224(2) if the skills assessment was based on an Australian qualification obtained while holding a student visa.

The Tribunal found that the applicant had provided evidence of applying for a skills assessment with Trades Recognition Australia (TRA), the specified relevant assessing authority for a Chef occupation, satisfying clause 485.223. Furthermore, the Tribunal accepted a letter dated 20 September 2017 from TRA confirming a successful skills assessment, valid for migration purposes, as meeting the requirements of clause 485.224(1) and (1A). As the applicant met these criteria, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria.