Kim (Migration)

This matter concerned an appeal by the applicant, Kim, against a decision to refuse a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Graduate Work stream. The applicant had nominated the occupation of Chef. The primary dispute revolved around whether the applicant had met the requirements for a skills assessment for this nominated occupation.

The court was required to determine three key issues. Firstly, whether the applicant had been assessed as suitable for the nominated occupation of Chef by the relevant assessing authority, Trades Recognition Australia (TRA). Secondly, if such an assessment was valid for a specific period, whether that period had expired. Thirdly, if the skills assessment was based on qualifications obtained in Australia while holding a student visa, whether those qualifications resulted from studying a registered course.

The court found that the applicant had provided a skills assessment from TRA dated 6 September 2018, which stated the applicant's skills were assessed as "SUCCESSFUL for the occupation of Chef". This assessment was within the three-year validity period required by the regulations. Furthermore, while the assessment itself did not explicitly state it was based on Australian qualifications, information from various databases and educational institutions confirmed the applicant had completed relevant courses in Australia while on a student visa, and these courses were registered. Consequently, the court determined that the applicant met the requirements of clause 485.224 of Schedule 2 to the Regulations. The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the specified criteria.