Gondara (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant's eligibility for this visa depended on meeting specific criteria related to their Australian study and the relevance of their qualifications to their nominated skilled occupation. The Tribunal was tasked with determining whether the applicant satisfied these requirements.

The primary legal issues before the Tribunal were whether the applicant met the 'Australian study requirement' within the six months preceding their visa application, as stipulated by clause 485.221 of Schedule 2 to the Regulations, and whether each qualification used to satisfy this requirement was closely related to the applicant's nominated skilled occupation, as required by clause 485.222. The applicant had completed a Certificate III in Painting and Decorating and a Diploma of Building and Construction (Building) at Australian institutions.

The Tribunal reasoned that the applicant's Certificate III in Painting and Decorating, completed between August 2016 and November 2017, and the Diploma of Building and Construction (Building), completed between November 2017 and February 2019, satisfied the Australian study requirement. The Tribunal found that the two courses were undertaken over at least 16 calendar months, and the qualifications gained resulted from at least two academic years of study at an Australian institution. Furthermore, the Tribunal accepted the applicant's submission that the units from both courses, particularly those related to painting, Occupational Health and Safety, and the application of Australian standards, demonstrated a close relationship to the occupation of a Painting Trades Worker (ANZSCO 332211).

Consequently, the Tribunal concluded that the applicant met the requirements of clauses 485.221 and 485.222. The matter was remitted to the Minister for reconsideration of the remaining criteria for the Subclass 485 visa.