Tabbassum (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for the occupation of Cook. The applicant had submitted a provisional skill assessment from Trades Recognition Australia (TRA) as evidence of their suitability for the nominated occupation. The Administrative Appeals Tribunal, constituted by Antonio Dronjic, was required to determine whether the applicant met the relevant visa criteria.

The primary legal issue before the Tribunal was whether the applicant's skills had been assessed as suitable for the nominated occupation by the relevant assessing authority within the preceding three years, and whether that assessment remained valid. Specifically, the Tribunal considered clause 485.224(1) and (1A) of Schedule 2 to the Migration Regulations 1994, which stipulate these requirements.

The Tribunal found that the applicant had provided a provisional skill assessment from TRA dated 23 June 2023, which satisfied the requirement that their skills had been assessed as suitable for the nominated occupation of Cook within the last three years. Consequently, the Tribunal concluded that the applicant met the criteria under clause 485.224(1). The Tribunal therefore remitted the applications for the Skilled (Provisional) (Class VC) visas to the Minister for reconsideration, with a direction that the first named applicant met the specified criteria.