THAPALIYA (Migration)

The Administrative Appeals Tribunal considered the case of THAPALIYA, involving an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, in the Graduate Work stream. The core dispute concerned whether the applicant met the primary criteria for this visa, specifically those relating to skills assessment for their nominated occupation.

The Tribunal was required to determine if the applicant had satisfied the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Regulations. Clause 485.224(1) mandates that an applicant's skills for their nominated occupation must have been assessed as suitable by a relevant authority within the last three years, and if the assessment has a validity period, it must not have expired. The Tribunal also had to consider the eligibility of secondary applicants, who must be members of the family unit of a primary applicant who has satisfied the criteria.

The Tribunal's reasoning focused on the applicant's skills assessment history. The applicant had nominated Motor Mechanic (General) as their occupation and had applied for a skills assessment with Trades Recognition Australia (TRA) on two occasions, both of which resulted in a negative outcome. Crucially, the applicant confirmed that, as at the time of the hearing, they did not possess a positive skills assessment from TRA. Consequently, the Tribunal found that the applicant failed to meet the requirements of clause 485.224. As the primary applicant did not satisfy the criteria, the Tribunal also found that the secondary applicants did not meet the requirements of clause 485.311.

The Tribunal affirmed the decision not to grant the applicants the Skilled (Provisional) (Class VC) visas.