PARK (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Subclass 485 (Temporary Graduate) visa. The applicant nominated Chef as their skilled occupation and provided a Trades Recognition Australia (TRA) skills assessment result. The core dispute revolved around whether the applicant had met the mandatory criteria relating to their skills assessment for the nominated occupation at the time of application and during the Department's request for further information.

The Tribunal was required to determine if the applicant had satisfied clause 485.223 and clause 485.224 of Schedule 2 to the Migration Regulations 1994. These clauses concern the applicant's skills in relation to their nominated occupation, specifically requiring evidence of an application for a skills assessment by a relevant assessing authority when the visa application was made, and that the applicant's skills were assessed as suitable for the nominated occupation. The Tribunal also had to consider the significance of the applicant's failure to provide the TRA skills assessment to the Department when requested, despite it being available prior to the delegate's decision.

The Tribunal reasoned that while the applicant initially failed to provide the TRA skills assessment to the Department when requested, they subsequently submitted a positive skills assessment from TRA, the relevant assessing authority for the occupation of Chef/Cook, to the Tribunal. The Tribunal found that this assessment, dated 1 May 2019, was obtained within the 28-day period granted by the Department. Therefore, the Tribunal concluded that the applicant met the requirements of clauses 485.223 and 485.224.

Consequently, the Tribunal remitted the application for the Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with a direction that the applicant meets the specified criteria relating to the skills assessment.