ZHENG (Migration)

The Administrative Appeals Tribunal considered the case of ZHENG, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485. The applicant sought to satisfy the primary criteria for this visa, specifically concerning the assessment of their skills in relation to their nominated occupation. The central dispute revolved around whether the applicant had met the requirements of clause 485.224 of Schedule 2 to the Migration Regulations 1994.

The legal issues before the Tribunal were whether the applicant's skills had been assessed as suitable for the nominated occupation of Child care centre manager by a relevant assessing authority within the preceding three years, and if so, whether that assessment period had expired. Additionally, the Tribunal had to determine if the skills assessment, based on an Australian qualification obtained while holding a student visa, was derived from a "registered course" as defined by the regulations.

The Tribunal found that the applicant had provided a skills assessment from the Trades Recognition Australia (TRA) dated 21 June 2017, deeming them suitable for the nominated occupation. TRA confirmed the validity of this assessment. The Tribunal further established that the assessment was based on a Diploma of Early Childhood Education and Care awarded by the Canberra Institute of Technology, which was a registered provider under the Education Services for Overseas Students Act 2000. Consequently, the Tribunal concluded that the applicant met the requirements of clause 485.224.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria set out in clause 485.224 of Schedule 2 to the Regulations.