Jung (Migration)

This matter concerned an appeal by the applicant, Mr Jung, against a decision to refuse his application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate) visa. The second applicant, Mrs Kim, was a member of Mr Jung's family unit and her application was contingent on his. The dispute centred on whether Mr Jung met the criteria for his nominated skilled occupation, Motor Mechanic (General).

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 485.224(1) of Schedule 2 to the Migration Regulations 1994. This clause requires that an applicant's skills for their nominated skilled occupation have been assessed as suitable by a relevant assessing authority within the preceding three years, and that any validity period for that assessment has not expired. The Tribunal also considered the definition of "skilled occupation" and "relevant assessing authority" as provided by the Regulations and relevant legislative instruments.

The Tribunal found that while the applicant had initially provided evidence of lodging a skills assessment application with the Trades Recognition Australia (TRA) and completing relevant TAFE qualifications, a favourable skills assessment had not been provided to the Department at the time of the initial refusal. However, the applicant subsequently provided a TRA skills assessment dated 9 August 2018, confirming his Provisional Skills Assessment application was successful for the nominated occupation of Motor Mechanic (General) and could be used for a Subclass 485 visa application. The Tribunal concluded that this assessment met the requirements of clause 485.224(1).

Consequently, the Tribunal remitted the applications for Skilled (Provisional) (Class VC) visas for reconsideration by the Department, with a direction that the first applicant, Mr Jung, meets the criteria under clause 485.224(1) of Schedule 2 to the Regulations. Mrs Kim's application would be determined based on this reconsideration.