Hour (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream. The applicant, from Cambodia, had completed several qualifications in Australia, including a Certificate IV in Front Line Management, an Advanced Diploma of Management, a Bachelor of Management, and a Master of Professional Accounting, as well as a Certified Practising Accountant qualification. The applicant was employed in an accounting role at the time of the application.

The core 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 skilled occupation of Accountant (General) under clause 485.222. The Australian study requirement mandates the completion of registered courses totalling at least two academic years of study within a minimum of 16 calendar months, undertaken in Australia on a study-authorised visa.

The Tribunal reasoned that the applicant's Bachelor of Management and Master of Professional Accounting qualifications, when considered together with the finance-related subjects within his earlier Certificate IV and Advanced Diploma of Management, satisfied the requirement for two academic years of study. It found that these earlier VET sector courses were not merely complementary but contributed substantially to the applicant's overall academic progression towards his nominated occupation. The Tribunal concluded that the applicant met both clauses 485.221 and 485.222.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with the direction that the applicant had satisfied the Australian study requirement and the closely related occupation requirement for the Subclass 485 visa.