KASHIMURA (Migration)

The Administrative Appeals Tribunal considered an application by Kashimura for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant nominated the occupation of Childcare Centre Manager and sought to satisfy the primary criteria for the visa, specifically those relating to skills assessment for the nominated occupation.

The central legal issue before the Tribunal was whether the applicant had met the requirements of clauses 485.224 and 485.224(1A) of Schedule 2 to the Migration Regulations 1994. These clauses stipulate that an applicant's skills for their nominated occupation must have been assessed as suitable by a relevant assessing authority within the last three years, and if the assessment has a validity period, that period must not have expired. Additionally, if the skills assessment was based on a qualification obtained in Australia while holding a student visa, that qualification must have resulted from studying a registered course.

The Tribunal found that the applicant had provided a Provisional Skills Assessment from the Trades Recognition Australia (TRA) dated 23 February 2018, which confirmed a successful assessment in the nominated occupation. TRA verified that the assessment was valid and based on the applicant's qualification and vocational placement, with no specified expiry date, thus satisfying clauses 485.224(1) and 485.224(1A). Furthermore, the applicant's Diploma of Early Childhood Education and Care, obtained in 2017 while on a student visa, was provided by an institution registered to offer courses to overseas students, fulfilling the requirements of clause 485.224(2).

Consequently, the Tribunal determined that the applicant met the requirements of clause 485.224. The Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant satisfies this specific criterion for the Subclass 485 visa.