CHEUNG (Migration)

The applicant, Mr. Cheung, sought review of a decision to refuse him a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The primary criteria for this visa require the applicant to have satisfied the 'Australian study requirement' within the six months immediately preceding the visa application, and that each qualification used to satisfy this requirement must be closely related to the applicant's nominated skilled occupation. Mr. Cheung nominated the occupation of Registered Nurse and presented a Bachelor of Nursing degree completed in April 2016 and an Advanced Diploma of Leadership and Management completed in March 2017.

The Tribunal was required to determine whether Mr. Cheung met the criteria for the Subclass 485 visa, specifically whether he satisfied the 'Australian study requirement' within the prescribed timeframe and whether his qualifications were closely related to his nominated occupation. The delegate had previously found that the Bachelor of Nursing degree was completed more than six months before the visa application, thus failing to meet the temporal requirement for the Australian study requirement.

The Tribunal found that while both the Bachelor of Nursing and the Advanced Diploma of Leadership and Management were registered courses completed in Australia and met the duration and study requirements for the 'Australian study requirement', the Bachelor of Nursing was completed more than six months prior to the visa application. Furthermore, the Tribunal considered the nominated occupation of Registered Nurse, which, according to ANZSCO, requires a qualification commensurate with a bachelor degree or higher. While the Bachelor of Nursing degree is closely related to the nominated occupation, the Advanced Diploma of Leadership and Management was not considered to be closely related to the occupation of Registered Nurse.

Consequently, the Tribunal concluded that Mr. Cheung did not satisfy the criteria for the grant of a Subclass 485 visa. The decision under review was affirmed.