Faisal (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The applicant nominated Motor Mechanic (General) as their skilled occupation and sought to rely on a Diploma of Leadership and Management to satisfy the Australian study requirement.

The primary legal issues before the Tribunal were whether the applicant met the criteria for the Subclass 485 visa, specifically concerning the Australian study requirement. This involved determining if the applicant had satisfied the requirement in the six months preceding their visa application and, crucially, whether the qualification used to satisfy this requirement, the Diploma of Leadership and Management, was closely related to their nominated skilled occupation of Motor Mechanic (General).

The Tribunal reasoned that while the applicant's automotive qualifications were clearly related to the nominated occupation, the Diploma of Leadership and Management, completed shortly before the visa application, was not. Although the applicant argued that these management skills were useful for supervisory duties and future business aspirations, the Tribunal found that the core tasks and responsibilities of a Motor Mechanic (General), as outlined in the ANZSCO description, did not encompass the skills taught in a Diploma of Leadership and Management. Therefore, this qualification could not be used to satisfy the requirement that the qualification must be closely related to the nominated skilled occupation.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 485 visa, as the applicant failed to meet the necessary criteria.