Some Recent Practice Decisions & Practice Points


Failed skill assessment for subclass 485 visa

Katwati 1417182 [2015] MRTA 493 (8 April 2015) demonstrates that as long as one has applied for a skill assessment for the 485 visa prior to the lodgement of the visa application, a client can apply for a second skill assessment even though the first skill assessment application was rejected.

Here’s what happened:

This application was unsuccessful as TRA could not verify all of his work experience, as his main employer had closed its business by the time that TRA was assessing his application.  Therefore, once he found steady work again as a Welder, he reapplied to TRA for a skills assessment.  He provided evidence that he had made an application to TRA on 11 March 2015 and was confident that this application would be successful.  After discussion with the applicant and his agent, the Tribunal advised that it would defer its decision until 20 March 2015 for them to provide an anticipated timeframe for the TRA to issue a skills assessment, noting that it was disinclined to defer making its decision for a substantial period of time.

On 20 March 2015, the Tribunal received verification from the applicant’s agent that the applicant had lodged a skills assessment with TRA on 6 March 2015.

On 2 April 2015, the Tribunal received via email from the applicant’s agent a scanned copy of a positive skills assessment for the purposes of his subclass 485 visa application issued to him by TRA on 31 March 2015 for his occupation of Welder (First Class) (ANZSCO code 322313).

In a more recent decision, Neuhoff 1504322 (Migration) [2015] AATA 3306 (17 August 2015), the applicant had 2 negative skill assessments before producing a valid (third) but this time positive skill assessment to the AAT!


Barbara Davidson