Ramdhonee (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Ramdhonee, who sought review of a decision concerning his application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the graduate work stream. The core of the dispute revolved around whether Mr. Ramdhonee had satisfied the criteria relating to skills assessment for his nominated occupation.

The Tribunal was required to determine whether Mr. Ramdhonee met the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to assess if the applicant had provided evidence of applying for a skills assessment for his nominated occupation, Motor Mechanic (General), by the relevant assessing authority, Trades Recognition Australia (TRA), at the time of his visa application. Furthermore, the Tribunal needed to consider if Mr. Ramdhonee's skills had been assessed as suitable for that nominated occupation by TRA.

The Tribunal found that Mr. Ramdhonee had satisfied the requirements of clause 485.223 by providing a receipt from TRA dated 12 December 2020, demonstrating an application for a skills assessment for Motor Mechanic (General) when he lodged his visa application on 12 January 2021. The Tribunal also concluded that Mr. Ramdhonee met the requirements of clause 485.224, indicating his skills were assessed as suitable for the nominated occupation.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with the direction that Mr. Ramdhonee met the criteria specified in clauses 485.223 and 485.224 of Schedule 2 to the Regulations.