Leite Medina (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream, by an applicant who nominated the occupation of Chef. The dispute arose because the applicant had not initially provided a suitable skills assessment to the Department, although one was later submitted to the Administrative Appeals Tribunal. The decision was made by Wan Shum of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, specifically clause 485.224 of Schedule 2 to the Regulations, which requires a suitable skills assessment for the nominated occupation. This included assessing whether the skills assessment was valid and, if obtained in Australia while holding a student visa, whether it resulted from studying a registered course as defined by the *Education Services for Overseas Students Act 2000*.

The Tribunal reasoned that the applicant had now provided a successful Provisional Skills Assessment for the occupation of Chef, issued by the relevant assessing authority, TRA, which was confirmed as valid and based on both qualification and work experience. The Tribunal also found that the applicant's qualification was obtained from Kenvale College, a registered provider, while the applicant held a student visa, thus satisfying the requirements of clause 485.224(2).

Consequently, the Tribunal found that the applicant met the criteria under clause 485.224. The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with the direction that the applicant meets this specific criterion.