MARIANI (Migration)

The Administrative Appeals Tribunal considered an appeal by an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485. The dispute centred on whether the applicant had met the requirement for a skills assessment for their nominated occupation, Childcare Centre Manager 134111. The Tribunal, constituted by R. Skaros, was tasked with determining if the applicant's skills assessment satisfied the relevant legislative criteria.

The primary legal issue before the Tribunal was whether the applicant had met the requirements of cl.485.224(1) and cl.485.224(1A) of Schedule 2 to the Migration Regulations. Clause 485.224(1) mandates that an applicant's skills for their nominated occupation must have been assessed as suitable by a relevant assessing authority within the preceding three years. Additionally, cl.485.224(1A) stipulates that if the assessment has a specified validity period, that period must not have expired.

The Tribunal reasoned that while the applicant initially failed to provide the required skills assessment to the Department, they subsequently submitted a TRA Provisional Skills Assessment Application Result dated 28 March 2018. This document indicated that the applicant had been assessed as suitable for the nominated occupation of Childcare Centre Manager 134111. As no validity period was specified in the assessment, cl.485.224(1A) did not apply. Consequently, the Tribunal found that the applicant had satisfied the requirements of cl.485.224(1).

In light of this finding, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa back to the Minister for reconsideration. The remittal was made with a direction that the applicant had met the criteria under cl.485.224(1) of Schedule 2 to the Regulations, allowing for the assessment of the remaining visa criteria.