Srimadhipathi Rajapakshe Thalgahagoda Gedara (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 visa in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, which included clause 485.224 of Schedule 2 to the Regulations, relating to the applicant's skills in their nominated occupation. The dispute centred on whether the applicant had met these requirements, particularly concerning a skills assessment for the nominated occupation of Chef – 351311/Cook (ANZSCO 351411). The decision was made by Antonio Dronjic, a Member of the Tribunal.

The core legal issue before the Tribunal was whether the applicant had met the requirements of clause 485.224(1) and (1A) of the Regulations. This clause mandates that an applicant's skills for their nominated occupation must have been assessed as suitable by a relevant assessing authority within the last three years, and if the assessment has a validity period, that period must not have expired. The Tribunal had to determine if the evidence presented, specifically a provisional skills assessment from Trades Recognition Australia, satisfied this criterion.

The Tribunal considered a provisional skills assessment from Trades Recognition Australia, dated 8 July 2021, which was received on 23 May 2022. This assessment indicated that the applicant's skills for the nominated occupation of Chef – 351311/Cook (ANZSCO 351411) had been deemed successful. Applying the principles of clause 485.224, the Tribunal was satisfied that this evidence met the criterion. As a result, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for the Skilled (Provisional) (Class VC) visa for reconsideration. The direction given was that the applicant meets the criterion specified in cl 485.224(1) of Schedule 2 to the Regulations.