Seth (Migration)

The Administrative Appeals Tribunal considered a migration decision concerning an applicant for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream. The applicant, who nominated the occupation of ‘Motor Mechanic (General)’, had submitted a skills assessment from Trades Recognition Australia (TRA). The delegate had previously determined that this assessment was insufficient, viewing it as an initial step suitable only for a Subclass 485 visa.

The primary legal issue before the Tribunal was whether the applicant's skills assessment met the requirements of clause 186.234(2)(a) of Schedule 2 to the Migration Regulations. This clause mandates that for the Direct Entry stream, an applicant's skills must have been assessed as suitable for the nominated occupation by a specified assessing authority at the time of application. Specific conditions applied regarding the type of assessment (not for a Subclass 485 visa) and its currency, requiring it to be no more than three years old or within its validity period.

The Tribunal reviewed the evidence, including the applicant's representative's submissions, which clarified that the submitted document was a TRA Job Ready Final Assessment Outcome, the final stage of the TRA skills assessment process. The Tribunal was satisfied that this final assessment, dated 4 August 2016, met the requirements of clause 186.234(2)(a). It confirmed that TRA was the relevant assessing authority, the assessment was for the nominated occupation, it was not for a Subclass 485 visa, and it was within the permissible timeframe.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant had met the criteria under clause 186.234(2)(a). The Minister was to proceed to consider the remaining criteria for the Subclass 186 (Employer Nomination Scheme) visa.