Gadsby (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which relate to the applicant's skills in their nominated occupation. The central dispute revolved around whether the applicant had met these specific skill-related requirements.

The Tribunal was required to determine two key legal issues. Firstly, whether the applicant's visa application was accompanied by sufficient evidence of having applied for a skills assessment by a relevant assessing authority for their nominated occupation, as required by clause 485.223. Secondly, the Tribunal had to ascertain whether the applicant's skills had been assessed as suitable for the nominated occupation by a relevant assessing authority within the preceding three years, in accordance with clause 485.224.

The Tribunal reasoned that the applicant had nominated the occupation of Child Care Centre Manager, which is a specified skilled occupation. Evidence before the Tribunal indicated that the applicant had applied for a skills assessment from the relevant assessing authority, TRA, on 23 November 2018, and provided a reference number. The Tribunal found no evidence to suggest this application was not accepted, thus concluding that clause 485.223 was satisfied. Regarding clause 485.224, the Tribunal found that the applicant met its requirements, including any additional conditions related to qualifications obtained in Australia.

Consequently, the Tribunal found that the applicant met the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Regulations. The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that these specific criteria had been met.