Ho (Migration)

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

The Tribunal was required to determine two key legal issues: firstly, whether the applicant had provided evidence of applying for a relevant skills assessment at the time of lodging their visa application, as required by clause 485.223 of Schedule 2 to the Regulations; and secondly, whether the applicant had subsequently been assessed as suitable for their nominated occupation by the relevant assessing authority, in accordance with clause 485.224 of Schedule 2 to the Regulations.

The Tribunal found that the applicant had satisfied both criteria. Evidence presented indicated that the applicant had applied for a skills assessment from Trades Recognition Australia, the relevant assessing authority for the nominated occupation of Chef, and had provided a receipt number with their visa application, thus meeting clause 485.223. Furthermore, the Tribunal was satisfied that the applicant had received a skills assessment from Trades Recognition Australia, dated 18 March 2018, which confirmed their suitability for the nominated occupation within the required timeframe, thereby meeting clause 485.224. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met these specific criteria.