BERRA (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision concerning their eligibility for this visa, specifically in relation to a skills assessment for the occupation of Chef.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, particularly clause 485.224 of Schedule 2 to the Regulations, in light of a subsequently obtained skills assessment.

The Tribunal was satisfied that the applicant had provided a successful Provisional Skills Assessment Result dated 29 January 2019, which confirmed their suitability for the occupation of Chef. In light of this new evidence, the Tribunal concluded that the applicant met the relevant criterion. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant satisfies clause 485.224 of Schedule 2 to the Regulations.