Singh (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485, in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which relate to the applicant's skills in their nominated occupation. The central dispute revolved around whether the applicant had met these skills assessment requirements.

The Tribunal was required to determine two key legal issues. Firstly, whether the applicant had provided evidence of having applied for a skills assessment by a relevant assessing authority at the time of their visa application, as mandated by clause 485.223. Secondly, the Tribunal had to ascertain whether the applicant's skills for the nominated occupation had been assessed as suitable by a relevant assessing authority within the preceding three years, and if so, whether that assessment remained valid, as required by clause 485.224.

The Tribunal reasoned that the applicant had nominated the occupation of Painting Trades Worker (ANZSCO code 332211), for which the Trades Recognition Australia (TRA) is the relevant assessing authority. Evidence showed that the applicant had submitted a receipt indicating an application to TRA with their visa application on 7 March 2018. Although a formal skills assessment was not provided at that time, TRA subsequently issued a positive skills assessment on 2 July 2018, which TRA confirmed as valid. Consequently, the Tribunal found that the applicant satisfied clause 485.223. Furthermore, as the positive skills assessment was issued within the last three years and was valid, the Tribunal concluded that clause 485.224 was also met.

Based on these findings, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with a direction that the applicant had met the criteria under clauses 485.223 and 485.224 of Schedule 2 to the Regulations.