Dave (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream. The central dispute concerned whether the applicant had met the skills assessment requirements for their nominated occupation, Chef.

The Tribunal was required to determine if the applicant's skills assessment, conducted by Trades Recognition Australia (TRA), satisfied the requirements of cl.485.224(1) of the Migration Regulations 1994. Specifically, the Tribunal had to ascertain whether the applicant had been assessed as suitable for the nominated occupation of Chef by a relevant assessing authority within the preceding three years, and if any validity period for the assessment had expired.

The Tribunal reasoned that while the applicant initially lacked a skills assessment within the specified timeframe, they subsequently provided a provisional skills assessment from TRA dated 6 January 2021, for both Chef and Cook occupations. After confirming the veracity of this assessment with TRA, the Tribunal was satisfied that the applicant had indeed been assessed as suitable for the nominated occupation of Chef within the last three years. Consequently, the Tribunal found that the applicant met the requirements of cl.485.224(1).

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with a direction that the applicant satisfies the skills assessment criteria under cl.485.224(1).