Bajwa (Migration)

The Administrative Appeals Tribunal considered a Skilled (Provisional) (Class VC) visa application made by Mr. Bajwa for a Subclass 485 visa in the Graduate Work stream. The applicant sought review of a decision that had refused his visa application. The Tribunal determined that it was able to make a decision in favour of the applicant based on the material before it, without the need for a hearing.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 485.224 of Schedule 2 to the Migration Regulations 1994, which pertains to the applicant's skills in relation to their nominated occupation. Specifically, the Tribunal had to determine if the applicant's skills had been assessed by a relevant authority as suitable for the nominated occupation of Chef (ANZSCO code 351311) within the preceding three years, and if any validity period for that assessment had not expired. Additionally, if the skills assessment was based on an Australian qualification obtained while holding a student visa, the Tribunal needed to ascertain if that qualification resulted from studying a registered course.

The Tribunal found that the applicant had provided a successful skills assessment from Trades Recognition Australia, dated 24 April 2018, for the nominated occupation. This assessment met the requirements of clause 485.224(1) and, as it did not specify a validity period, clause 485.224(1A) was not applicable. The Tribunal also noted that the applicant's qualification was obtained in Australia while holding a student visa, and the provided material indicated it was from a registered course. Consequently, the Tribunal concluded that the applicant met the criteria set out in clauses 485.223 and 485.224 of Schedule 2 to the Regulations.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clause 485.224 of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the visa.