Ng (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The applicant sought review of a decision that had refused their visa application.

The primary legal issue before the Tribunal was whether the applicant met the criteria set out in clause 485.224(1) of Schedule 2 to the Migration Regulations 1994. This clause requires that an applicant's skills for their nominated occupation have been assessed as suitable by a relevant assessing authority within the last three years, and that any specified validity period for that assessment has not expired.

The Tribunal noted that the applicant had nominated the occupation of child care centre manager and had initially failed to provide a skills assessment to the delegate within the requested timeframe, leading to the refusal. However, the applicant subsequently provided a successful skills assessment from the Trades Recognition Australia (TRA) issued on 15 October 2019, which TRA confirmed was validly issued. The Tribunal was satisfied that this assessment met the requirements of clause 485.224(1).

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under clause 485.224(1) of Schedule 2 to the Regulations.