Dromey (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary graduate) in the Graduate Work stream. The dispute centred on whether the applicant met the criteria relating to a skills assessment for their nominated occupation, Chef.

The Tribunal was required to determine if the applicant had satisfied the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Regulations. Specifically, the court needed to ascertain whether the applicant had applied for and obtained a skills assessment from the relevant authority, Trades Recognition Australia (TRA), within the prescribed timeframe, and whether this assessment was based on a qualification obtained in Australia as a result of studying a registered course.

The Tribunal found that while the applicant had initially failed to provide evidence of a successful skills assessment by the deadline during the visa application process, leading to a refusal, they had subsequently provided a letter from TRA dated 20 July 2018 confirming a successful Provisional Skills Assessment for the occupations of Cook and Chef. The Tribunal was satisfied that this assessment met the requirements of clause 485.224(1) and that the qualification was obtained in Australia while the applicant held a student visa, satisfying clause 485.224(2).

Consequently, the Tribunal remitted the application for the Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with a direction that the applicant met the criteria under clauses 485.223 and 485.224 of Schedule 2 to the Regulations.