Hossain (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant sought to satisfy the primary criteria for the Graduate Work stream, which included meeting the Australian study requirement and ensuring that any qualifications used to meet this requirement were closely related to their nominated occupation. The delegate of the Minister had refused the visa, being unsatisfied that the applicant's qualification was closely related to the nominated occupation of Engineering Technologist.

The Tribunal was required to determine whether the applicant met the requirements of clauses 485.221 and 485.222 of Schedule 2 to the Regulations, specifically concerning the Australian study requirement and the relationship between the applicant's qualification and their nominated occupation. Additionally, an issue arose regarding the applicant's English language proficiency, as they had initially failed to provide evidence of meeting this requirement within the prescribed timeframe.

The Tribunal noted that the applicant had not provided sufficient documentation to demonstrate that their qualification was closely related to the nominated occupation. Furthermore, while the applicant initially failed to provide evidence of English language proficiency within the relevant period, they later submitted a PTE test score report dated 25 January 2016, which fell within the three years prior to their visa application lodged on 29 September 2017. Despite satisfying the English language requirement, the Tribunal found that the applicant did not meet the criterion that their qualification must be closely related to their nominated occupation.

Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 485 visa. The decision under review was affirmed.