Di Gangi (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, specifically the Post-Study Work stream. The applicant, Mr. Di Gangi, sought review of a decision not to grant him this visa, along with his secondary applicants. The core of the dispute revolved around whether the applicant met the specified qualification requirements for the visa stream under which he applied.

The Tribunal was required to determine whether clause 485.231 of the Migration Regulations 1994 applied to the applicant and, if so, whether he satisfied its requirements. Specifically, the Tribunal had to ascertain if the applicant held a qualification of a kind specified by the Minister for the Post-Study Work stream, which mandates qualifications at Australian Qualifications Framework level 7 or higher. The Tribunal also considered whether the applicant met the criteria for alternative Subclass 485 streams, which would have rendered clause 485.231 inapplicable.

The Tribunal found that clause 485.231 did apply as the applicant did not meet the criteria for any of the alternative streams. Crucially, the applicant held a Diploma of Hospitality, which was not a qualification specified in the relevant instrument (IMMI 13/013) for the Post-Study Work stream. The applicant acknowledged that he had mistakenly applied under the Post-Study Work stream instead of the Graduate Work stream, stating he was confused by the options. As the primary applicant did not satisfy the criteria for the visa, the secondary applicants, who relied on his eligibility, also failed to meet the requirements. Consequently, the Tribunal affirmed the decision not to grant the visas.