SINGH (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant sought review of a decision concerning their eligibility for the visa, specifically relating to the requirement for a skills assessment. The Tribunal was tasked with determining whether the applicant met the criteria for a Subclass 485 visa, particularly clause 485.224 of Schedule 2 to the Regulations.

The Tribunal was required to determine two key issues. Firstly, whether the applicant had been assessed as suitable for the nominated occupation of Chef (ANZSCO code 351311) by the relevant assessing authority, Trades Recognition Australia (TRA), within the preceding three years and whether that assessment remained valid. Secondly, the Tribunal had to ascertain whether the applicant’s skills assessment was based on qualifications obtained in Australia while holding a student visa, and if so, whether those qualifications were obtained as a result of studying registered courses.

The Tribunal found that the applicant had provided a favourable skills assessment from TRA dated 8 November 2017, which was confirmed as valid and genuine. This satisfied the requirement under clause 485.224(1) as the assessment was obtained within the last three years. The Tribunal also determined that the applicant’s skills assessment was based on qualifications obtained in Australia while holding a student visa, specifically a Diploma of Hospitality and a Certificate IV in Commercial Cookery. Evidence from the Provider Registration and International Student Management System (PRISMS) database and the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) website confirmed that these courses were registered courses.

Based on these findings, the Tribunal concluded that the applicant met the requirements of clause 485.224 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant had met the specified criteria.