Kim (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate) visa, in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which relate to the applicant's skills in their nominated occupation. The dispute centred on whether the applicant had met the requirements for a skills assessment for the nominated occupation of Motor Mechanic (General). The decision was made by Bridget Cullen, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 485.224 of Schedule 2 to the Regulations. This clause mandates 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 that any validity period for that assessment must not have expired. An additional consideration arose if the skills assessment was based on a qualification obtained in Australia while the applicant held a student visa, in which case the qualification must have resulted from studying a registered course.

The Tribunal found that the applicant had provided a TRA Provisional Skills Assessment Application Result for Motor Mechanic (General) dated 18 October 2018, indicating a successful assessment. Crucially, the Tribunal determined, based on the evidence, that the applicant's skills were not assessed on the basis of a qualification obtained in Australia while holding a student visa. Consequently, the additional requirement under clause 485.224(2) was not applicable. The Tribunal concluded that the applicant met the requirements of both clauses 485.223 and 485.224.

Accordingly, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with the direction that the applicant meets the criteria specified in clause 485.224 of Schedule 2 to the Regulations.