Bhandari (Migration)

The applicant, Mr. Bhandari, sought review of a decision not to grant him a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The dispute centred on whether his qualifications met the requirements for his nominated occupation. The decision was made by Senior Member Kira Raif of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant's most recent qualification was sufficiently related to the ANZSCO description of his nominated occupation, and whether the reason for undertaking that course constituted an assessment of his individual skills.

The Tribunal reasoned that the criteria for the visa required the applicant's most recent qualification to be related to the nominated occupation. It found that the applicant's qualification did not satisfy this requirement. The Tribunal clarified that the reason for undertaking a course is not an assessment of an individual's skills, but rather a consideration of the course's relevance to the occupation.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 485 visa, as he did not satisfy the relevant criteria.