Jolly (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, subclass 485, Graduate Work stream. The applicant nominated the occupation of Motor Mechanic (General). The central dispute revolved around whether the applicant met the primary criteria for this visa, specifically those relating to skills assessment for their nominated occupation.

The Tribunal was required to determine if the applicant satisfied clause 485.223 of Schedule 2 to the Regulations, which mandates that a visa application must be accompanied by evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation. Additionally, the Tribunal had to assess whether the applicant met clause 485.224 of Schedule 2 to the Regulations, which requires the applicant's skills to have been assessed as suitable for the nominated occupation by a relevant assessing authority within the last three years, and for that assessment not to have expired.

The Tribunal found that the applicant had indeed applied for a skills assessment with the relevant authority, the TRA, prior to lodging their visa application, thus satisfying clause 485.223. Furthermore, the applicant had since provided a positive skills assessment from the TRA, issued within the relevant timeframe and without an expiry date, which the Tribunal independently verified as genuine and valid. This satisfied clause 485.224.

Consequently, the Tribunal concluded that the applicant met the specified criteria for the subclass 485 visa. The matter was remitted to the Minister for reconsideration of the remaining visa criteria.