Gomez Pinzon (Migration)

The Administrative Appeals Tribunal considered an application by Mr Gomez Pinzon for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The dispute concerned whether Mr Pinzon met the primary criteria for this visa, specifically in relation to his nominated skilled occupation as a Chef.

The central legal issue before the Tribunal was whether Mr Pinzon had satisfied clause 485.224(1) of Schedule 2 to the Regulations. This clause requires that an applicant's skills for their nominated occupation have been assessed as suitable by a relevant assessing authority within the preceding three years.

The Tribunal found that Mr Pinzon had provided a successful Skills Assessment from the Trades Recognition Australia (TRA) for the occupation of Chef, dated 7 June 2018. As this assessment demonstrated his suitability for his nominated occupation and was within the required timeframe, the Tribunal was satisfied that clause 485.224(1) was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that this criterion was satisfied.