Buthgamu Mudiyanselage (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 485 Temporary Graduate visa in the Graduate Work stream. The applicant, from Sri Lanka, sought to satisfy the requirements for this visa, specifically concerning the Australian study requirement and the relationship between their qualifications and nominated occupation. The nominated occupation was Motor Mechanic (General).

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 485 visa, as stipulated in clauses 485.221 and 485.222 of Schedule 2 to the Regulations. Clause 485.221 mandates that the applicant must have satisfied the 'Australian study requirement' in the six months preceding their visa application. Clause 485.222 requires that each degree, diploma, or trade qualification used to meet this requirement must be 'closely related' to the applicant's nominated skilled occupation.

The Tribunal reasoned that while the applicant had completed several automotive-related qualifications, the crucial issue was the 'closely related' nature of the Diploma of Business to the nominated occupation of Motor Mechanic (General). The applicant provided evidence of work experience and specific modules within the Diploma of Business, such as managing risk, developing work priorities, managing meetings, and ensuring a safe workplace. The Tribunal also noted the applicant's supervisory role with apprentices, customer interaction, and preparation of insurance reports. Based on this evidence, the Tribunal concluded that the applicant had met the criteria under clause 485.222.

Consequently, the Tribunal remitted the decision under review for further reconsideration. The Tribunal directed that the applicant be considered to have met both clause 485.221 and clause 485.222 of Schedule 2 to the Regulations.