Ihalawele Gedara (Migration)

The applicant, Ihalawele Gedara, sought review of a decision to refuse a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream. The dispute centred on whether the applicant met the criteria for this visa, which included satisfying the Australian study requirement and ensuring that the qualifications used to meet this requirement were closely related to the applicant's nominated skilled occupation.

The Tribunal was required to determine if the applicant had satisfied the Australian study requirement within the six months preceding the visa application, as stipulated by clause 485.221 of Schedule 2 to the Regulations. Crucially, the Tribunal also had to assess whether each degree, diploma, or trade qualification relied upon by the applicant was closely related to their nominated skilled occupation, as mandated by clause 485.222.

The Tribunal found that while the applicant had completed a range of automotive and business-related qualifications, including a Diploma of Automotive Technology and an Advanced Diploma of Leadership and Management, these qualifications were not closely related to their nominated occupation. The applicant's employment duties at Desire Automotive Hallam involved suspension, servicing, and mechanical repairs, which the Tribunal considered to be inconsistent with the skills and knowledge gained from the leadership and management qualifications. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 485 visa.

The Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.