CHEUNG (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant nominated the occupation of Carpenter. The central dispute concerned whether the applicant had met the specific criteria relating to skills assessment for their nominated occupation as required by clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine two key legal issues. Firstly, whether the applicant had provided evidence of having applied for a skills assessment by a relevant assessing authority for the nominated occupation at the time of their visa application, as stipulated by cl.485.223. Secondly, the Tribunal had to ascertain whether the applicant’s skills had been assessed as suitable for the nominated occupation by a relevant assessing authority within the preceding three years, and if so, whether that assessment remained valid, in accordance with cl.485.224.

The Tribunal reasoned that the applicant had satisfied cl.485.223 by providing evidence of an application for a skills assessment with Trades Recognition Australia for the occupation of Carpenter, and that the applicant met the English language requirement and had completed two years of study. Furthermore, the Tribunal found that the applicant met cl.485.224, as their skills assessment by Trades Recognition Australia was valid and had not expired, and the assessment was based on a qualification obtained in Australia after completing two years of study, with the visa application lodged within six months of graduation. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant met the criteria under cl.485.223 and cl.485.224.