Kumar (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Kumar for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The central dispute concerned whether Mr. Kumar met the requirements of clause 485.224(1) of Schedule 2 to the Regulations, which pertains to the applicant's skills assessment for their nominated occupation.

The Tribunal was required to determine if Mr. Kumar had been assessed as suitable for his nominated occupation by a relevant assessing authority within the preceding three years. This assessment is a mandatory criterion for the Graduate Work stream of the Subclass 485 visa.

The Tribunal found that Mr. Kumar had provided a successful TRA Provisional Skills Assessment for the occupation of Chef, dated 25 September 2018. As this assessment was conducted within the last three years by a relevant authority and found him suitable for his nominated occupation, the Tribunal was satisfied that clause 485.224(1) was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that Mr. Kumar meets this criterion.