Lee (Migration)

The Administrative Appeals Tribunal considered a Skilled (Provisional) (Class VC) visa application, Subclass 485, in the Graduate Work stream, for the occupation of Chef. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issues before the Tribunal were whether the applicant satisfied the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994. Clause 485.223 requires evidence that the applicant had applied for a skills assessment by a relevant assessing authority at the time of their visa application. Clause 485.224 requires that the applicant's skills have been assessed as suitable for the nominated occupation by a relevant assessing authority within the last three years, and that any validity period for the assessment has not expired.

The Tribunal found that the applicant had nominated the occupation of Chef, for which Trades Recognition Australia (TRA) is the relevant assessing authority. Evidence showed the applicant applied to the TRA for a skills assessment on 22 January 2021, which accompanied their visa application, thus satisfying clause 485.223. Furthermore, the applicant received a successful provisional skills assessment from the TRA on 25 March 2021, confirming their suitability for the nominated occupation within the required timeframe and without an expired validity period, thereby meeting clause 485.224.

Based on these findings, the Tribunal concluded that the applicant met the criteria specified in clauses 485.223 and 485.224. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that these specific criteria were satisfied.