Santos (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The dispute centred on whether the applicant met the primary criteria for the visa, specifically the requirement for a skills assessment for their nominated occupation.

The legal issue before the Tribunal was whether the applicant's skills assessment satisfied the requirements of clause 485.224 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant's skills must have been assessed as suitable for their nominated skilled occupation by a relevant assessing authority within the last three years, and that any validity period for the assessment must not have expired. Furthermore, if the skills assessment was based on a qualification obtained in Australia while holding a student visa, that qualification must have resulted from studying a registered course.

The Tribunal reasoned that the applicant had nominated the occupation of Child Care Centre Manager, which is a specified skilled occupation, and the relevant assessing authority was the Trades Recognition Australia (TRA). While an initial skills assessment application by the applicant was unsuccessful, a subsequent application for a Provisional Skills Assessment resulted in a letter from TRA confirming the applicant's suitable skills for the nominated occupation, with the outcome finalised on 31 July 2017. The Tribunal was informed by TRA that this assessment was valid. Therefore, the Tribunal concluded that the applicant met the requirements of clause 485.224(1) and (1A). The Tribunal also noted that the applicant's qualification was obtained as a result of studying a registered course, satisfying the additional requirement under clause 485.224(2).

Consequently, the Tribunal found that the applicant met the criteria under clause 485.224 of Schedule 2 to the Regulations. The matter was remitted to the Minister for reconsideration of the remaining visa criteria.