CRAWFORD (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, which relate to the applicant's skills in their nominated occupation. The Tribunal was tasked with determining whether the applicant met these specific visa requirements.

The central legal issues before the Tribunal were whether the applicant had provided evidence of applying for a skills assessment by the relevant authority at the time of their visa application, and crucially, whether their skills had subsequently been assessed as suitable for the nominated occupation of Horse Trainer by Trades Recognition Australia. The Tribunal also considered whether any such assessment had expired.

The Tribunal found that while the applicant had provided evidence of applying for a skills assessment for the nominated occupation, they had failed to provide the outcome of that assessment to the Department prior to the delegate's decision. Furthermore, at the time of the Tribunal's hearing, no updated information had been presented to demonstrate a positive skills assessment from Trades Recognition Australia, despite the applicant being given an opportunity to do so. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.