Agustin (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, by Mr Agustin. The dispute before the Tribunal was whether Mr Agustin satisfied the primary criteria for the visa, specifically clauses 485.221 and 485.222 of Schedule 2 to the Regulations. These clauses require an applicant to have satisfied the 'Australian study requirement' in the six months immediately preceding the visa application, and that any qualifications used to satisfy this requirement must be closely related to the applicant's nominated skilled occupation.

The Tribunal was required to determine whether Mr Agustin met the definition of satisfying the 'Australian study requirement' as set out in regulation 1.15F(1). This involved assessing whether he had completed one or more degrees, diplomas, or trade qualifications awarded by an Australian educational institution, which were registered courses, completed in at least 16 calendar months, as a result of at least two academic years of study, with all instruction in English, and undertaken in Australia on a visa authorising study. The Tribunal also had to consider whether the qualifications obtained were closely related to his nominated skilled occupation.

The Tribunal found that Mr Agustin had completed a series of courses, including a Certificate III in Commercial Cookery, Certificate IV in Commercial Cookery, Diploma of Hospitality, Advanced Diploma of Hospitality, and an Advanced Diploma of Leadership and Management. The Tribunal was satisfied, based on the provided transcripts, completion statements, departmental records, and the CRICOS database, that each of these courses met the criteria for registered courses, were completed in the requisite timeframes, were taught in English, and were undertaken while Mr Agustin held a student visa. The Tribunal concluded that Mr Agustin met the requirements of clauses 485.221 and 485.222.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with the direction that Mr Agustin had met the specified criteria for the Subclass 485 visa.