Detdaeng (Migration)

The Administrative Appeals Tribunal considered a decision concerning an applicant for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought to have the Tribunal review a decision by the Department to refuse her visa application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(e) of the Migration Regulations, which mandates that if the Minister requires a skills assessment for the nominated occupation, the applicant must provide evidence of those skills in the manner specified by the Minister. The applicant had been requested by the Department to obtain a skills assessment from Trades Recognition Australia (TRA) for her nominated occupation as a Chef.

The Tribunal noted that the applicant had been requested to provide this skills assessment in December 2018 and was granted an extension until April 2019. However, no evidence of the TRA assessment was provided by the applicant, leading to the Department's refusal of the visa. The applicant subsequently sought a further extension from the Tribunal in March 2021, citing changes in migration law requiring more work experience, financial difficulties due to COVID-19, pregnancy-related expenses, and her departure from Australia for antenatal care and childbirth. The Tribunal found that the applicant had not provided the requested skills assessment evidence, which was a mandatory requirement for the visa.

Consequently, the Tribunal affirmed the Department's decision not to grant the applicant the visa, as she had failed to satisfy the applicable criteria.