Intan (Migration)

The Administrative Appeals Tribunal considered the case of Intan, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The dispute centred on whether Intan met the primary criteria for the visa, specifically the Australian study requirement and the requirement that the qualification be closely related to the nominated skilled occupation.

The Tribunal was required to determine if Intan satisfied the Australian study requirement as stipulated in clause 485.221 of Schedule 2 to the Regulations, which mandates completion of studies within the six months immediately preceding the visa application. Additionally, the Tribunal had to assess whether Intan's qualification was closely related to his nominated skilled occupation, as required by clause 485.222.

The Tribunal reasoned that Intan met the Australian study requirement, noting that his Diploma of Hospitality Management was initially recorded as completed on 17 August 2020. However, a subsequent corrected letter from Ashton College, issued on 21 February 2022, stated the completion date was 29 October 2020. The Tribunal accepted this corrected date, acknowledging that COVID-19 restrictions in Victoria had impacted the applicant's ability to attend campus and submit assessments, leading to reasonable adjustments that were not initially reflected in the completion date. The Tribunal also found that Intan's qualification was closely related to his nominated occupations of Chef and Cook.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Intan met the criteria under clauses 485.221 and 485.222 of Schedule 2 to the Regulations.