Attuquaye (Migration)

The Administrative Appeals Tribunal considered the case of Ethel Naa Kordey Attuquaye, who sought to satisfy the primary criteria for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant's nominated occupation was Child Care Centre Manager. The core of the dispute revolved around whether the applicant met the requirements for the Australian study requirement and the close relationship between her qualifications and her nominated occupation.

The Tribunal was required to determine two key legal issues. Firstly, whether the applicant had satisfied the 'Australian study requirement' within the six months immediately preceding her visa application, as stipulated by clause 485.221 of Schedule 2 to the Regulations. This requirement mandates the completion of registered courses totalling at least two academic years of study, undertaken in Australia while holding a study-authorised visa. Secondly, the Tribunal had to assess whether each degree, diploma, or trade qualification relied upon to meet the Australian study requirement was closely related to the applicant's nominated skilled occupation, as per clause 485.222.

In its reasoning, the Tribunal found that the applicant's Diploma of Early Childhood Education and Care, completed on 15 December 2017, was registered for 83 weeks. However, the regulations require at least two academic years of study, which equates to a minimum of 92 weeks. Therefore, relying solely on this qualification, the applicant did not meet the minimum duration for the Australian study requirement. The Tribunal noted that while the applicant also held a Certificate III in Aged Care, this qualification was not considered relevant to the nominated occupation of Child Care Centre Manager. Consequently, the Tribunal concluded that the applicant failed to satisfy the criteria for the grant of a Subclass 485 visa.

As the applicant did not meet the necessary criteria for the Subclass 485 visa, the Tribunal affirmed the decision not to grant the visa.