Agustin (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream. The applicant nominated the occupation of Chef. The core dispute revolved around whether the applicant met the requirements of clauses 485.221 and 485.222 of Schedule 2 to the Regulations, which pertain to satisfying the 'Australian study requirement' within the preceding six months and ensuring that any qualifications used to meet this requirement are closely related to the nominated skilled occupation.

The Tribunal was required to determine if the applicant's completed courses of study, particularly an Advanced Diploma of Leadership and Management, were sufficiently closely related to the occupation of Chef. The applicant had completed a series of qualifications, including Certificates III and IV in Commercial Cookery and Diplomas and Advanced Diplomas in Hospitality, alongside the Advanced Diploma of Leadership and Management. The applicant had also been assessed successfully for the occupation of Chef by Trade Recognition Australia and was employed as a chef.

The Tribunal reasoned that while the applicant had completed numerous relevant hospitality and management courses, the Advanced Diploma of Leadership and Management, despite its management-focused subjects, was not considered closely related to the practical trade skills required for the occupation of Chef. The applicant's explanation that the course provided a foundation for future career growth and management roles within the kitchen was not deemed sufficient to establish the required close relationship. The Tribunal concluded that the qualification was not a prerequisite for practising the trade skill of a chef and lacked the direct practical application to the trade itself. Consequently, the applicant did not satisfy the criteria for the grant of a Subclass 485 visa.

The Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.