Nasir (Migration)

The Administrative Appeals Tribunal considered an application by Mr Nasir for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, in the Graduate Work stream. The dispute concerned whether Mr Nasir satisfied the visa requirements relating to his nominated occupation of Chef.

The primary legal issue before the Tribunal was whether Mr Nasir had met the requirements of clause 485.224(1) of Schedule 2 to the Regulations. This clause mandates that an applicant's skills for their nominated skilled occupation must have been assessed as suitable by a relevant assessing authority within the preceding three years.

The Tribunal reasoned that Mr Nasir had provided evidence of a provisional skills assessment from the Trades Recognition Australia (TRA) dated 10 April 2017, indicating his application for a skills assessment as a Chef had been successful. Applying subsection 360(2)(a) of the Act, the Tribunal determined that, based on the material before it, it could decide the review in the applicant's favour without requiring further evidence or argument from Mr Nasir. Consequently, the Tribunal found that Mr Nasir's skills had been assessed as suitable for the nominated occupation by the relevant authority, thereby satisfying clause 485.224(1).

The Tribunal remitted the application for reconsideration with a direction that Mr Nasir meets the criteria under clause 485.224(1) of Schedule 2 to the Regulations.