Toocaram (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, subclass 485, Graduate Work stream. The central dispute concerned whether the applicant had satisfied the visa criteria relating to their nominated skilled occupation, specifically whether they had applied for a skills assessment for their nominated occupation by the relevant assessing authority at the time of application.

The primary legal issues before the Tribunal were to determine the applicant's nominated occupation as stated in their visa application and to assess whether the skills assessment provided by the applicant was for that nominated occupation, or if an error had occurred in the nomination process. The Tribunal was required to interpret clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which stipulate the requirements for a skills assessment in relation to a nominated skilled occupation.

The Tribunal found that while the applicant had nominated "Automotive Electrician" in their visa application, they had subsequently provided a skills assessment from the Trades Recognition Australia (TRA) for the occupation of "Motor Mechanic (General)". The applicant provided evidence, both oral and written, that they had mistakenly selected "Automotive Electrician" from a drop-down list during the online application process, when their intention was always to nominate "Motor Mechanic" as their skilled occupation. This intention was supported by their Australian studies in automotive mechanical technology and diagnosis. The Tribunal accepted the applicant's explanation that the nomination of "Automotive Electrician" was an error and that their skills assessment for "Motor Mechanic" was consistent with their overall intention and qualifications.

Consequently, the Tribunal concluded that the applicant met the requirements of clauses 485.223 and 485.224 of Schedule 2 to the Regulations. The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had satisfied these specific criteria.