Mendes Fermino De Brito (Migration)

This matter concerned an appeal by Mendes Fermino De Brito against a decision relating to his application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The appeal was heard by the Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant's visa application was accompanied by evidence of an application for a skills assessment by a relevant assessing authority when lodged, and whether the applicant's skills had subsequently been assessed as suitable for the nominated occupation of Carpenter by the Trades Recognition Australia (TRA).

The Tribunal reasoned that the applicant had satisfied clause 485.223 as evidence of his application for a skills assessment by TRA, dated 25 June 2018, was provided prior to his visa application on 27 June 2018. Furthermore, the Tribunal found that the applicant met clause 485.224, as he had obtained a positive skills assessment from TRA on 15 May 2019, which was within the required three-year period and had not expired. The Tribunal noted that while the applicant obtained an Australian qualification (Certificate III in Carpentry) on 30 June 2018 while holding a student visa, this did not preclude him from meeting the criteria, as the skills assessment was based on this qualification.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criterion under clause 485.224 of Schedule 2 to the Regulations.