Chutrakul (Migration)

The Administrative Appeals Tribunal considered the case of Chutrakul, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The dispute centred on whether the applicant met the requirements for the Australian study requirement and the close relationship between their qualifications and nominated occupation.

The primary legal issues before the Tribunal were whether the applicant satisfied the Australian study requirement, which mandates completion of qualifications within six months of the visa application, and whether each qualification used to satisfy this requirement was closely related to the applicant's nominated skilled occupation. The applicant had lodged a visa application on 18 July 2017, declaring a Bachelor of Arts and a Bachelor of Business from Monash University. A Proof of Qualification letter indicated the Bachelor of Arts was completed on 11 July 2017 and the Bachelor of Business on 5 December 2016.

The Tribunal reasoned that the applicant's submission that the two degrees constituted a double degree, with a completion date of 11 July 2017 for both, was persuasive. This interpretation meant that the Bachelor of Business, which was closely related to the nominated occupation of accountant, was completed within the six-month period preceding the visa application. Consequently, the Tribunal found that the applicant met the criteria under clauses 485.221 and 485.222 of Schedule 2 to the Regulations.

The Tribunal remitted the application for reconsideration by the Minister, with the direction that the applicant had met the specified criteria for the visa.