Kaur (Migration)

The Administrative Appeals Tribunal considered the case of Ms Kaur, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Graduate Work stream. The dispute centred on whether Ms Kaur met the requirements of criterion 485.224 of Schedule 2 to the Migration Regulations 1994, which pertains to the applicant's skills assessment for their nominated occupation.

The Tribunal was required to determine if Ms Kaur had satisfied the criterion that her skills for the nominated occupation, Motor Mechanic (General) (ANZSCO 321211), had been assessed as suitable by the relevant assessing authority, Trades Recognition Australia (TRA), within the preceding three years and that this assessment had not expired. The Tribunal also needed to consider whether the applicant had provided sufficient evidence of this assessment to the Department and subsequently to the Tribunal.

The Tribunal reasoned that while the Department had initially refused the application because the applicant had not provided a skills assessment in response to a request, Ms Kaur had subsequently provided a TRA skills assessment dated 11 July 2019. This assessment indicated a successful provisional skills assessment for the nominated occupation and showed no indication of expiry. Consequently, the Tribunal found that Ms Kaur met the requirements of cl.485.224(1) of Schedule 2 to the Regulations.

The Tribunal ordered that the application for the Skilled (Provisional) (Class VC) visa be remitted to the Minister for reconsideration, with the direction that the applicant meets criterion cl.485.224(1) of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the visa.