Varinder Singh (Migration)

The Administrative Appeals Tribunal considered an application by Varinder Singh for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream. The dispute centred on whether Mr. Singh met the primary criteria for this visa, which relate to the applicant's skills in their nominated occupation. The Tribunal, constituted by Bridget Cullen, was tasked with determining if the applicant had satisfied these crucial requirements.

The legal issues before the Tribunal were whether the applicant had complied with clause 485.223 and clause 485.224 of Schedule 2 to the Migration Regulations 1994. Clause 485.223 requires that the visa application be accompanied by evidence of an application for a skills assessment by a relevant assessing authority for the nominated skilled occupation. Clause 485.224(1) mandates that the applicant's skills for the 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 ended.

The Tribunal reasoned that the applicant nominated the occupation of Motor Mechanic (General) - 321211, which is a specified skilled occupation, and the relevant assessing authority for this occupation is TRA. The evidence presented, including a Skills Assessment Application Result from TRA dated 26 February 2019 with a successful outcome, demonstrated that the applicant had applied for and been assessed as suitable for the nominated occupation by the relevant authority. Consequently, the Tribunal concluded that the applicant met the requirements of both clauses 485.223 and 485.224(1).

Therefore, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Department for reconsideration, with a direction that the applicant meets the specified criteria for a Subclass 485 visa under clauses 485.223 and 485.224(1) of Schedule 2 to the Regulations.