Li (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, by Miss Li. The dispute centred on whether Miss Li met the primary criteria for the visa, specifically those relating to the assessment of her skills for her nominated occupation. The decision was made by a member of the Tribunal.

The Tribunal was required to determine whether Miss Li had satisfied the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994. Clause 485.223 mandates that a visa application must be accompanied by evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation. Clause 485.224 addresses the circumstances where skills are assessed based on an Australian qualification obtained while holding a student visa, requiring that qualification to be from a registered course.

The Tribunal found that Miss Li nominated the occupation of Child Care Centre Manager, for which Trades Recognition Australia is the relevant assessing authority. Crucially, Miss Li answered negatively to the question of whether she had applied to a relevant assessing authority for a skills assessment. Consequently, her visa application was not accompanied by the required evidence of such an application, meaning she failed to satisfy clause 485.223. As this criterion was not met, the Tribunal concluded that Miss Li did not satisfy the criteria for the grant of the Subclass 485 visa.

The Tribunal affirmed the decision not to grant Miss Li the Skilled (Provisional) (Class VC) visa.