JAHALY (Migration)

The Administrative Appeals Tribunal considered the applications of JAHALY (the applicant) for a Skilled (Residence) (Class VB) visa, Subclass 886. The dispute concerned whether the applicant met the requirements for a positive skills assessment for her nominated occupation of Pastrycook.

The Tribunal was required to determine two primary issues: first, whether the applicant had applied for a skills assessment by a relevant assessing authority at the time of her visa application, as required by clause 886.212 of the Regulations; and second, whether her skills had been assessed as suitable for the nominated occupation by a relevant assessing authority at the time of the decision, as stipulated by clause 886.223(1).

The Tribunal found that the applicant had satisfied clause 886.212 because she had obtained a positive skills assessment from Trades Recognition Australia (TRA) for the occupation of Pastrycook on 6 July 2009, prior to her visa application on 16 December 2009. Although this assessment was later withdrawn, it did not negate the fact that an application had been made. Regarding clause 886.223(1), the Tribunal noted that the applicant had provided a new, valid skills assessment from TRA dated 9 December 2016, confirming her suitability as a Pastrycook. The Tribunal concluded that the applicant met these two criteria.

Consequently, the Tribunal remitted the applications for reconsideration by the Minister, with a direction that the applicant met the requirements of clauses 886.212 and 886.223. The application of the second applicant, who applied as a member of the applicant's family unit, was to be determined by reference to the outcome of the primary applicant's reconsidered application.