Bustos (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream, made by an applicant whose nominated occupation was Painting Trades Worker. The core of the dispute concerned whether the applicant had satisfied the Australian study requirement and whether their completed qualifications were closely related to their nominated skilled occupation, as stipulated by clauses 485.221 and 485.222 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria for the Subclass 485 visa, specifically focusing on the 'Australian study requirement' and the 'closely related' nature of their qualifications to the nominated occupation. The Australian study requirement, as defined by regulation 1.15F(1), necessitates the completion of registered courses totalling at least two academic years of study, undertaken in Australia while holding a study-authorised visa, with all instruction in English. An academic year is defined as at least 46 weeks.

The Tribunal found that the applicant's Certificate IV of Building and Construction (Building), completed in December 2017, did not, on its own, satisfy the requirement of at least two academic years (92 weeks) of study. However, upon considering further material, including a Statement of Academic Completion for a Certificate III in Painting and Decorating, the Tribunal concluded that the applicant did meet both the Australian study requirement under cl.485.221 and the requirement that their qualifications be closely related to the nominated occupation under cl.485.222. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met these specified criteria.