Wangdi (Migration)

The Administrative Appeals Tribunal considered the case of Wangdi, an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The primary dispute concerned whether the applicant met the criteria related to skills assessment for their nominated occupation of Chef. A second applicant, a member of the family unit, also had their application under review.

The Tribunal was required to determine if the applicant satisfied clauses 485.223 and 485.224 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal needed to ascertain whether the applicant had applied for a skills assessment by the relevant authority for their nominated occupation at the time of application, and whether they had subsequently been assessed as suitable for that occupation by the relevant authority within the preceding three years.

The Tribunal found that the applicant had nominated the occupation of Chef (ANZSCO 351311), for which Trades Recognition Australia (TRA) is the relevant assessing authority. Evidence showed the applicant applied to TRA for a skills assessment on 29 April 2021, satisfying clause 485.223. Furthermore, the applicant received a successful provisional skills assessment for Chef and Cook on 3 August 2021, meeting the requirements of clause 485.224, as the assessment was within the last three years and did not have an expiry period.

Consequently, the Tribunal concluded that the applicant met the requirements of clauses 485.223 and 485.224. The matter was remitted to the Minister for reconsideration of the remaining visa criteria. The application of the second applicant, as a member of the family unit, was also remitted for reconsideration in conjunction with the primary applicant's application.