Fumagalli (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Fumagalli for a Subclass 485 (Temporary Graduate) visa. The dispute centred on whether Mr. Fumagalli met the primary criteria for this visa, specifically the Australian study requirement and the requirement that his qualification be closely related to his nominated occupation.

The Tribunal was tasked with determining if Mr. Fumagalli satisfied the Australian study requirement under clause 485.221 of Schedule 2 to the Regulations, which mandates completion of at least two academic years of study within the six months preceding the visa application. Additionally, the Tribunal had to assess whether his qualification was closely related to his nominated skilled occupation, as required by clause 485.222.

The Tribunal found that Mr. Fumagalli had completed a Certificate III in Carpentry (104 weeks) and a Certificate IV in Business (30 weeks). While the Certificate III in Carpentry met the duration requirements for an academic year, the Tribunal was not satisfied that the Certificate IV in Business, on its own, would satisfy the overall two-academic-year study requirement. However, the Tribunal ultimately concluded that Mr. Fumagalli did meet the requirements of clauses 485.221 and 485.222.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with the direction that Mr. Fumagalli had satisfied the Australian study requirement and the closely related qualification criteria.