Komaljit (Migration)

The Administrative Appeals Tribunal considered an application by Komaljit for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute concerned whether Komaljit met the skills assessment requirements for his nominated occupations of Chef and Cook.

The primary legal issue before the Tribunal was whether Komaljit had satisfied the criterion requiring a successful skills assessment for his nominated occupation, as stipulated by clause 485.224 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was satisfied that the applicant had provided a successful Provisional Skills Assessment letter from Trades Recognition Australia, dated 8 March 2019. This assessment confirmed that Komaljit was suitable for both the nominated occupation of Chef (ANZSCO 351311) and Cook (ANZSCO 351411). In light of this new evidence, the Tribunal concluded that the criterion was met.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant meets the criteria for a Subclass 485 visa, specifically clause 485.224 of Schedule 2 to the Regulations.