Gautam (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 clause 485.224 of Schedule 2 to the Regulations, which pertains to the applicant's skills in relation to their nominated skilled occupation. The central dispute revolved around whether the applicant had met the requirement for a skills assessment for their nominated occupation as a Chef.

The Tribunal was required to determine if the applicant's skills had been assessed as suitable for the nominated occupation by a relevant assessing authority within the preceding three years, as stipulated by clause 485.224(1). The applicant had provided the Tribunal with a copy of a successful TRA Provisional Skills Assessment for the occupation of Chef, dated 7 May 2018.

The Tribunal reasoned that the provision of this skills assessment satisfied the requirements of clause 485.224(1). As the applicant had demonstrated a successful assessment for their nominated occupation as a Chef, the Tribunal concluded that this criterion was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets clause 485.224(1) of Schedule 2 to the Regulations.