Chung (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) stream, by an applicant who nominated the occupation of Motor Mechanic. The core of the dispute concerned whether the applicant's completed studies met the Australian study requirement, specifically the criterion that each qualification used to satisfy this requirement must be closely related to the nominated skilled occupation.

The Tribunal was required to determine if the applicant's Diploma of Business, completed within six months of the visa application, was sufficiently related to the occupation of Motor Mechanic. The applicant had also completed a Certificate III in Light Vehicle Mechanical Technology and a Certificate IV in Automotive Mechanical Diagnosis, but these were completed more than six months prior to the application and thus could not solely satisfy the Australian study requirement. The delegate had found that the Diploma of Business was not closely related to the tasks of a motor mechanic as described in the ANZSCO, which focuses on diagnosing, repairing, and maintaining vehicle engines and components, and does not mention business-related activities.

The Tribunal agreed with the delegate's assessment. It noted that while the applicant's trade qualifications were directly relevant to motor mechanics, the Diploma of Business did not demonstrate a clear connection to the occupational tasks. The Tribunal found that the skills acquired from the Diploma of Business were not likely to be used in the nominated occupation, and therefore, the qualification was not closely related to the role of a motor mechanic. Consequently, the applicant failed to satisfy the criteria for the Subclass 485 visa.

The Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.