Bidha (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 485 (Temporary Graduate) visa. The applicant, from Bhutan, aimed to satisfy the criteria for the Graduate Work stream, specifically the Australian study requirement and the need for qualifications to be closely related to their nominated skilled occupation. The central dispute revolved around whether the applicant had met these requirements, particularly in light of a correction made to their nominated occupation after lodging the visa application.

The Tribunal was required to determine if the applicant had satisfied the Australian study requirement within the specified timeframe and if their completed courses of study were closely related to their nominated skilled occupation. A key issue was whether the applicant could validly correct their nominated occupation from Civil Engineering Draftsperson to Electrical Engineering Draftsperson, especially given the timing of this correction and the subsequent skills assessment. The Tribunal also had to consider the relevance of the applicant's various engineering and business qualifications to the corrected occupation.

In its reasoning, the Tribunal referred to the decision in *Akbar v Minister for Immigration and Border Protection* [2019] FCA 515, which addressed the distinction between a genuine mistake in nominating an occupation and a change of mind after discovering a lack of qualifications. While acknowledging that an applicant generally cannot change their nominated occupation, the Tribunal found that the issue of correcting a clearly unintended mistake, particularly when supported by an occupational assessment for the intended role, was not definitively settled. The Tribunal accepted that the applicant's courses of study were relevant to the corrected occupation of Electrical Engineering Draftsperson.

Consequently, the Tribunal remitted the visa application for reconsideration. It directed that the applicant met the criteria under clauses 485.221 (Australian study requirement), 485.222 (closely related occupation), and 485.311 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.