Pahrizal (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which relate to the applicant's skills in their nominated occupation. The dispute centred on whether the applicant had met these requirements. The decision was made by Amanda Mendes Da Costa, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had, at the time of her visa application, provided evidence of having applied for a skills assessment from a relevant assessing authority for her nominated skilled occupations, as required by clause 485.223. Additionally, the Tribunal had to determine if the applicant's skills for those nominated occupations had been assessed as suitable by a relevant assessing authority within the preceding three years, and if any validity period for that assessment had not expired, as stipulated by clause 485.224. The nominated occupations were Chef (ANZCO Code 351311) and Cook (ANZCO Code 351411), and the relevant assessing authority was Trades Recognition Australia.

The Tribunal found that the applicant had satisfied the requirements of clause 485.223, as her visa application was accompanied by evidence of an application for a skills assessment from Trades Recognition Australia, including a reference number. Furthermore, the Tribunal was satisfied that the applicant had provided a skills assessment dated 27 April 2018 from Trades Recognition Australia, confirming her suitability for the nominated occupations of Chef and Cook within the preceding three years, and that any validity period for this assessment had not expired, thus meeting the requirements of clause 485.224.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for reconsideration. The remittal was made with the direction that the applicant had met the criteria set out in clauses 485.223 and 485.224 of Schedule 2 to the Regulations, leaving the Minister to consider the remaining criteria for the visa.