Chen (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant, identified as Chen, had provided a successful skills assessment result from the Trades Recognition Australia (TRA) for the occupation of Chef/Cook.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, specifically cl.485.224(1) of Schedule 2 to the Regulations.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable decision for the applicant based on the existing material, pursuant to s.360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified visa criteria.