Kaur (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by the first named applicant, and a related application by the second named applicant. The dispute centred on whether the first applicant met the requirements of cl.485.224(1) of Schedule 2 to the Regulations, which pertains to a skills assessment for a nominated occupation. The second applicant's application was refused on the basis that they were not a member of the family unit of a person holding a relevant visa. The decision was made by Senior Member R. Skaros of the Tribunal.

The primary legal issue before the Tribunal was whether the first applicant had been assessed as suitable for their nominated occupation, Chef (351311), by the relevant assessing authority, Trades Recognition Australia (TRA), within the preceding three years, and whether the validity period of that assessment, if any, had expired. A secondary issue arose concerning the second applicant's eligibility as a member of the family unit, which was contingent on the first applicant's visa application.

The Tribunal reasoned that cl.485.224(1) requires a skills assessment by a relevant authority within the last three years, and that if the assessment has a validity period, it must not have ended. Although the applicant initially failed to provide evidence of the skills assessment outcome to the Department within the specified timeframe, the Tribunal subsequently received and verified evidence of a skills assessment from TRA, completed on 16 January 2020. The Tribunal was satisfied that this assessment met the criteria of cl.485.224(1) as it was within the last three years and there was no indication that its validity period had ended. Consequently, the Tribunal found that the first applicant met this criterion.

The Tribunal remitted the applications for Skilled (Provisional) (Class VC) visas for reconsideration. It directed that the first named applicant meets the criteria under cl.485.224(1). The Tribunal also noted that upon remittal and based on the outcome of the first applicant's application, the Department would reconsider the second named applicant's eligibility for the visa.