Andrean (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking to satisfy the primary criteria for a Subclass 485 (Temporary) visa in the Graduate Work stream. The applicant's eligibility for this visa depended on meeting specific requirements related to their Australian study and the relevance of their qualifications to their nominated occupation.

The central legal issues before the Tribunal were whether the applicant had satisfied the 'Australian study requirement' under clause 485.221 of Schedule 2 to the Regulations, and whether each qualification used to meet this requirement was closely related to the applicant's nominated skilled occupation, as stipulated by clause 485.222. The Tribunal was required to assess the applicant's Bachelor of Business (Hospitality Management) qualification against the detailed criteria for the Australian study requirement, including course registration, duration, academic years of study, language of instruction, and the applicant's visa status during study.

The Tribunal found that the applicant's Bachelor of Business (Hospitality Management) course, undertaken at William Blue College of Hospitality Management, met the criteria for the Australian study requirement. This included being a CRICOS registered course completed over 156 weeks, satisfying the minimum duration of 16 calendar months and at least two academic years of study, with all instruction conducted in English. The applicant also held a valid study visa during this period. Consequently, the Tribunal concluded that the applicant met the requirements of clauses 485.221 and 485.222.

Based on these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had satisfied the Australian study requirement and the qualification relevance criteria for the Subclass 485 visa.