Widjaja (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The applicant, a 29-year-old from Indonesia, had provided evidence of booking an English language test and applying for a skills assessment with Trades Recognition Australia, along with qualifications in automotive studies. However, the applicant admitted to a "negative outcome" from the skills assessment and confirmed not meeting job-ready requirements.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the Subclass 485 visa, specifically clauses 485.223 and 485.224 of Schedule 2 to the Regulations, which relate to the applicant's skills in their nominated occupation. 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 at the time of application. The nominated occupation was Motor Mechanic (General), for which Trades Recognition Australia is the relevant assessing authority.

The Tribunal reasoned that the applicant's visa application was not accompanied by evidence of an application for a skills assessment by the relevant assessing authority at the time of lodgement. Consequently, the applicant failed to satisfy the requirements of clause 485.223. As this criterion was not met, the Tribunal concluded that the applicant also did not satisfy the requirements of clause 485.224.

Based on these findings, the Tribunal determined that the applicant did not meet the criteria for the grant of a Subclass 485 visa. Accordingly, the Tribunal affirmed the original decision not to grant the visa.