Amezquita Rodriguez (Migration)

The Administrative Appeals Tribunal considered the case of Amezquita Rodriguez concerning an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically clauses 485.221 and 485.222 of Schedule 2 to the Regulations. The core dispute revolved around whether the applicant met the 'Australian study requirement' and whether the qualification used to satisfy this requirement was 'closely related' to the applicant's nominated occupation.

The Tribunal was required to determine two key legal issues. Firstly, whether the applicant satisfied the 'Australian study requirement' as defined by regulation 1.15F(1) of the Regulations, which involves completing registered courses in Australia over a specified period and under certain conditions. Secondly, the Tribunal had to ascertain whether the applicant's completed Australian qualification was 'closely related' to their nominated skilled occupation, as mandated by clause 485.222.

In its reasoning, the Tribunal found that the applicant had indeed satisfied the Australian study requirement under clause 485.221. This was based on the completion of a Master of Supply Chain and Logistics Management from RMIT University, which was a registered course completed within the six months immediately preceding the visa application date. The Tribunal also concluded that the applicant met the criteria under clause 485.222, finding the Master of Supply Chain and Logistics Management qualification to be closely related to the applicant's nominated occupation. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met these specific criteria.