Wickremaratne (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal, constituted by Jade Murphy, was required to determine whether the applicant met the criteria for the visa, specifically clause 485.224 of Schedule 2 to the Regulations.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 485.224, which pertains to the applicant's skills assessment for their nominated occupation. This clause mandates that the applicant's skills must have been assessed as suitable by a relevant authority within the last three years, and if the assessment has an expiry date, that date must not have passed. Furthermore, if the skills assessment was based on an Australian qualification obtained while holding a student visa, that qualification must have resulted from studying a registered course.

The Tribunal reasoned that the applicant had provided evidence of a successful skills assessment from Trades Recognition Australia for the nominated occupation of Motor Mechanic (General), finalised on 21 November 2019, which was within the required three-year period. The Tribunal also found that the qualification underpinning this assessment was obtained in Australia while the applicant held a student visa, and that this qualification was the result of studying a registered course, as defined by the Regulations. Consequently, the Tribunal concluded that the applicant met the requirements of clause 485.224.

Based on these findings, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant satisfies the criteria under clause 485.224 of Schedule 2 to the Regulations.