Ha (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically clauses 485.221 and 485.222 of Schedule 2 to the Migration Regulations 1994. The dispute centred on whether the applicant had met the 'Australian study requirement' and whether the qualification obtained was 'closely related' to the applicant's nominated occupation. The decision was made by K. Chapman, a Member of the Tribunal.

The legal issues before the Tribunal were twofold: first, whether the applicant had satisfied the 'Australian study requirement' within the six months preceding the visa application, and second, whether each degree, diploma, or trade qualification used to satisfy this requirement was closely related to the applicant's nominated skilled occupation. The definition of 'Australian study requirement' under regulation 1.15F(1) was central to the determination, requiring the completion of registered courses undertaken in Australia over a specified period, with all instruction in English, and while holding a visa authorising study.

The Tribunal reasoned that the applicant had met the requirements of clauses 485.221 and 485.222. While the specific details of the applicant's qualification and nominated occupation are not elaborated upon in the provided text, the Tribunal's conclusion indicates that the applicant successfully demonstrated the completion of a registered course, meeting the duration and academic year requirements, and that this qualification was considered closely related to their nominated occupation. The Tribunal applied the definitions of 'degree' and 'diploma' as provided in the regulations, along with the definition of 'completed' and the specified duration for an 'academic year'.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister. The direction was that the applicant was found to meet the criteria set out in clauses 485.221 and 485.222 of Schedule 2 to the Regulations.