Bhaskar (Migration)

The matter before the Federal Circuit and Family Court of Australia concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant sought to have their visa application reconsidered, with the primary dispute revolving around whether the applicant met the criteria for satisfying the ‘Australian study requirement’ and the ‘closely related’ qualification requirement for their nominated occupation.

The court was required to determine if the applicant had satisfied the ‘Australian study requirement’ as defined by regulation 1.15F(1) of the Migration Regulations 1994, which involves completing registered courses in Australia totalling at least 16 calendar months and at least two academic years of study. Furthermore, the court had to assess whether the applicant's qualifications, specifically a Graduate Diploma in Business, were ‘closely related’ to their nominated occupation as an ICT Business Analyst, as required by clause 485.222(1) of Schedule 2 to the Regulations.

The Tribunal found that the applicant had provided sufficient evidence, including letters of completion and academic transcripts, to demonstrate the completion of a Diploma of Business Administration, a Bachelor of Business (Information Systems), and a Graduate Diploma in Business within the stipulated timeframes and durations. Based on this evidence, the Tribunal concluded that the applicant met the requirements of clauses 485.221 and 485.222 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the applicant's visa application to the Minister for reconsideration, with a direction that the applicant had satisfied the Australian study requirement and the closely related qualification requirement.