Albuquerque Figueiredo (Migration)

The Administrative Appeals Tribunal considered an application by Albuquerque Figueiredo for a Subclass 485 visa in the Graduate Work stream. The applicant sought review of a decision to refuse the visa, which hinged on whether her Australian qualifications met the Australian study requirement and, if multiple qualifications were relied upon, whether they were closely related to her nominated occupation of Plant or Production Engineer. The Tribunal considered written submissions, oral evidence, and information from departmental and tribunal files.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the criteria for the Subclass 485 visa, specifically cl.485.221 and 485.222 of Schedule 2 to the Regulations. This involved assessing whether the applicant met the definition of the 'Australian study requirement' as set out in r.1.15F(1) of the Regulations, which requires completion of registered courses in Australia, totalling at least 16 calendar months and at least two academic years of study, with all instruction in English, undertaken while holding a visa authorising study. The Tribunal also had to consider the definition of 'completed' in relation to qualifications and the duration of an 'academic year'.

The Tribunal found that the applicant's Brazilian qualification was not relevant to the Australian study requirement. However, it determined that the applicant's Diploma of Project Management, completed on 7 January 2018 after 49 weeks of study, and her Advanced Diploma of Program Management, completed on 10 February 2019 after 49 weeks of study, satisfied the requirements of cl.485.221 and 485.222. The Tribunal concluded that the applicant met these specific criteria.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in cl.485.221 and 485.222 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.