Fernandes Ramos (Migration)

The Administrative Appeals Tribunal considered the case of Fernandes Ramos concerning an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The applicant sought to have a decision reviewed, with the Tribunal ultimately remitting the matter for reconsideration.

The primary legal issues before the Tribunal were whether the applicant satisfied the 'Australian study requirement' under clause 485.221 of Schedule 2 to the Regulations, and whether each qualification used to meet this requirement was 'closely related' to the applicant's nominated occupation of Environmental Engineer, as stipulated by clause 485.222. The applicant had completed an Advanced Diploma of Program Management and a Diploma of Project Management in Australia, in addition to a Bachelor degree in Environmental Engineering obtained in Brazil.

The Tribunal reasoned that the applicant had met both the Australian study requirement and the closely related qualification criterion. It considered the applicant's submission that the Australian diplomas provided essential non-technical and attitudinal competencies, alongside technical skills, necessary for an engineer in Australia. This included an understanding of Australian work health and safety procedures, laws, and regulations, as well as strategies for managing sustainability and environmental project risks. The Tribunal also took into account the applicant's transcripts, a skills assessment from Engineers Australia, information from Engineers Australia regarding the role of an Environmental Engineer, the ANZSCO description for the occupation, and job advertisements highlighting the importance of management and project management skills for this profession.

Consequently, the Tribunal found that the applicant met the criteria under clauses 485.221 and 485.222. The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfies these specified criteria.