Casapao (Migration)

The Administrative Appeals Tribunal considered the case of Mr Casapao, who sought a Subclass 485 Skilled (Provisional) visa. The dispute centred on whether Mr Casapao met the primary criteria for the visa, specifically concerning the assessment of his skills for his nominated occupation.

The legal issue before the Tribunal was whether Mr Casapao had satisfied clause 485.224(1) of Schedule 2 to the Migration Regulations 1994. This clause requires an applicant's skills for their nominated occupation to have been assessed as suitable by a relevant assessing authority within the preceding three years, and for that assessment not to have expired. Mr Casapao nominated the occupation of Chef (ANZSCO 351311).

The Tribunal reasoned that while Mr Casapao initially provided a negative skills assessment from the Trades Recognition Australia (TRA) due to a misunderstanding about qualification requirements, he subsequently obtained a positive Provisional Skills Assessment from TRA dated 12 April 2018. The Tribunal independently verified this assessment as genuine and concluded that it satisfied the requirements of clause 485.224(1), as it was a valid assessment for his nominated occupation within the relevant timeframe.

Consequently, the Tribunal remitted Mr Casapao's visa application to the Minister for reconsideration, with a direction that he met the criteria under clause 485.224(1) of Schedule 2 to the Regulations.