Shankar (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, brought by the applicant, Mr. Shankar, before the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant had satisfied a specific visa criterion relating to the demonstration of necessary skills for his nominated occupation.

The Administrative Appeals Tribunal was required to determine whether the applicant had met the requirements of clause 457.223(4)(e) of Schedule 2 to the Regulations. This clause mandates that if the Minister requires an applicant to demonstrate their skills for their nominated occupation, they must do so in the specified manner. The applicant had initially provided a Stage 1 Skills Assessment from Trades Recognition Australia (TRA), but the Department requested a Stage 2 assessment, which was not provided, leading to the delegate's dissatisfaction.

The Tribunal found that the applicant had subsequently provided a skills assessment from VETASSESS, on behalf of TRA, dated 5 February 2019, confirming his successful completion of the assessment for the nominated occupation of Panelbeater. The Tribunal verified this evidence and concluded that the applicant had met the requirements of clause 457.223(4)(e). Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant satisfied this particular criterion.