Joon (Migration)

The applicant, Joon, sought review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the refusal of a Skilled (Provisional) (Class VC) visa, specifically under the Subclass 485 (Temporary Graduate) visa, Graduate Work stream. The nominated occupation was Chef.

The central legal issue before the Federal Circuit and Family Court of Australia was whether the applicant's Diploma of Business qualification was 'closely related' to the nominated occupation of Chef, as required by the migration regulations for the Graduate Work stream of the Subclass 485 visa. The applicant contended that this qualification would be helpful for pursuing future business aspirations, such as owning or managing a restaurant, and that the responsibilities of a chef could involve some tasks that a business graduate might assist with.

The Court considered the nature of the nominated occupation and the qualification. It was found that while a Diploma of Business might offer some general assistance in managing a restaurant, it did not demonstrate a direct or close relationship to the core skills and knowledge required to perform the duties of a Chef. The Court concluded that the qualification did not meet the 'closely related' criterion as interpreted in the context of the visa subclass requirements.

Consequently, the Court affirmed the AAT's decision, upholding the refusal of the Subclass 485 visa.