Sherchan (Migration)

The Administrative Appeals Tribunal considered the case of Ms Sherchan, who sought review of a decision not to grant her a Skilled (Provisional) (Class VC) visa, specifically under the Subclass 485 (Temporary Graduate) visa stream. Ms Sherchan had nominated the occupation of Chef (ANZSCO 351311) as her skilled occupation.

The primary legal issue before the Tribunal was whether Ms Sherchan satisfied the criteria for the Subclass 485 visa, particularly those relating to her nominated skilled occupation as set out in clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994. Clause 485.223 requires that a visa application be accompanied by evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation.

The Tribunal noted that for the nominated occupation of Chef, the relevant assessing authority is Trades Recognition Australia. The evidence before the Tribunal indicated that Ms Sherchan had not provided evidence of having applied for a skills assessment with Trades Recognition Australia at the time of her visa application. While Ms Sherchan explained that personal circumstances in Nepal and errors in her application contributed to this omission, the Tribunal found that this failure meant she did not meet the requirements of clause 485.223. Consequently, the Tribunal concluded that the requirements of clause 485.224 were also not met.

The Tribunal affirmed the decision not to grant Ms Sherchan the Skilled (Provisional) (Class VC) visa.