Ishaq (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 485 (Temporary Graduate) visa. The applicant, who is from Pakistan, had completed several courses of study in Australia, including a Diploma of Hospitality and an Advanced Diploma of Work Health and Safety. The dispute centred on whether the applicant met the requirements for the Graduate Work stream of the visa, specifically the Australian study requirement and the requirement that the completed courses be closely related to his nominated skilled occupation.

The Tribunal was required to determine two key legal issues. Firstly, whether the applicant had satisfied the Australian study requirement, which mandates that relevant courses must have been completed in the six months immediately preceding the visa application. Secondly, the Tribunal had to assess whether each degree, diploma, or trade qualification used to satisfy this requirement was closely related to the applicant's nominated skilled occupation, which in this instance was chef.

The Tribunal found that the applicant did not satisfy the criteria for the grant of a Subclass 485 visa. While the applicant had completed courses, the Tribunal determined that the last course, the Advanced Diploma of Work Health and Safety, was not completed within the six months immediately preceding the visa application. Furthermore, the Tribunal concluded that this qualification, despite the applicant's arguments about its relevance to managing kitchen safety and advising on operational risks, was not closely related to his nominated occupation as a chef. Consequently, the Tribunal affirmed the decision not to grant the visa.