COSTA WARNAKULASURIYA DEHIWALAGE (Migration)

The Administrative Appeals Tribunal considered the case of Costa Warnakulasuriya Dehiwalage concerning an application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate) in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994, which relate to the applicant's skills in their nominated occupation.

The Tribunal was required to determine whether the applicant met the requirements of clauses 485.223 and 485.224. Clause 485.223 mandates that the visa application must be accompanied by evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation at the time of application. Clause 485.224 requires that the applicant's skills for the nominated occupation have been assessed as suitable by a relevant assessing authority within the last three years, and that any validity period for the assessment has not expired.

The Tribunal found that the applicant had nominated the occupation of Chef, which is a specified skilled occupation, and that the relevant assessing authority was TRA. The Tribunal was satisfied that the applicant had provided evidence of applying for a skills assessment by TRA prior to lodging the visa application, thus meeting the requirements of clause 485.223. While the applicant had not obtained a positive skills assessment from TRA at the time of the original delegate's decision, they subsequently provided a valid assessment, issued on 3 October 2017, to the Tribunal. The Tribunal verified the genuineness and validity of this assessment, which was expressed to be valid for a subclass 485 visa application and had no expiry date, thereby satisfying clause 485.224.

Consequently, the Tribunal concluded that the applicant met the criteria set out in clauses 485.223 and 485.224. The matter was remitted to the Minister for reconsideration of the remaining criteria for the visa.