DA COSTA ALMEIDA DO CARMO (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary graduate), brought before the Administrative Appeals Tribunal. The applicant sought to satisfy the primary criteria for the visa, specifically those relating to the applicant's skills in relation to their nominated skilled occupation.

The Tribunal was required to determine whether the applicant met the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994. Clause 485.223 mandates that the visa application 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 lodgement. Clause 485.224 requires that the applicant's skills have been assessed as suitable for the nominated occupation 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 Child Care Centre Manager, which is a specified skilled occupation. Evidence presented, including a receipt from Trades Recognition Australia (TRA) dated 14 May 2018, demonstrated that the applicant had applied for a skills assessment with TRA prior to lodging her visa application on 18 May 2018, thus satisfying clause 485.223. Furthermore, a letter from TRA dated 13 August 2018 confirmed that the applicant had been assessed as successful for the nominated occupation, fulfilling the requirements of clause 485.224. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant met these specific criteria.