Singh (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Singh for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream. The core of the dispute concerned whether Mr. Singh met the visa criterion requiring his skills to be assessed as suitable for his nominated occupation by a relevant authority.

The Tribunal was required to determine if Mr. Singh had satisfied clause 485.224(1) of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant's skills for their nominated skilled occupation must have been assessed as suitable by a relevant assessing authority within the preceding three years. The applicant had nominated the occupation of Chef.

The Tribunal found that Mr. Singh had provided a successful TRA Provisional Skills Assessment for the occupation of Chef, dated 22 June 2018. As this assessment demonstrated his suitability for his nominated occupation and was within the required timeframe, the Tribunal was satisfied that clause 485.224(1) was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that this criterion was satisfied.