Park (Migration)

The Administrative Appeals Tribunal considered the application of Mr. Park for a Skilled (Provisional) (Class VC) visa, subclass 485, in the Graduate Work stream. The dispute centred on whether Mr. Park had satisfied the primary criteria for the visa, specifically clause 485.223 of Schedule 2 to the Migration Regulations 1994, which requires evidence of an application for a skills assessment by a relevant assessing authority at the time of the visa application.

The Tribunal was required to determine if Mr. Park had met the criterion that his visa application was accompanied by evidence that he had applied for an assessment of his skills for his nominated occupation, Chef, by the relevant assessing authority, Trades Recognition Australia (TRA). The relevant regulations define "skilled occupation" and "relevant assessing authority" and specify the instrument under which these are determined.

The Tribunal found that while the visa application form indicated the skills assessment application date was the same as the visa application date, and a TRA skills assessment application form showed a later date, further evidence provided by Mr. Park's representative clarified the situation. This evidence included an email notification from TRA confirming payment for a Provisional Skills Assessment, sent on 10 October 2019, shortly before the Department's confirmation of receipt of the visa application later that same day. A bank statement also reflected payments made on 14 October 2019, with effective dates of 10 October 2019. Based on this material, the Tribunal concluded that Mr. Park had met the requirements of clause 485.223.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that Mr. Park met the criteria under clause 485.223 of Schedule 2 to the Regulations.