Kafle (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically clauses 485.221 and 485.222 of Schedule 2 to the Regulations. The dispute centred on whether the applicant met the requirements of these clauses, which relate to the Australian study requirement and the close relationship between the applicant's qualifications and their nominated occupation.

The Tribunal was required to determine two key legal issues. Firstly, whether the applicant satisfied the 'Australian study requirement' as defined in regulation 1.15F(1), which mandates completion of registered courses totalling at least 16 calendar months and at least two academic years of study, conducted in English, while holding a study-authorising visa, within the six months immediately preceding the visa application. Secondly, the Tribunal had to ascertain if each degree, diploma, or trade qualification used to satisfy this requirement was closely related to the applicant's nominated skilled occupation.

The Tribunal found that the applicant had provided evidence of completing a Master of Professional Accounting and a Master of Business Administration from Holmes Institute, both qualifications being degrees as defined in the Regulations. Crucially, the Tribunal was satisfied, based on independently verified information, that these courses were completed on 10 March 2016, which fell within the six-month period immediately before the applicant's visa application on 11 March 2016. The Tribunal also found that the courses met the other criteria for the Australian study requirement, including being full-time, conducted in English, and completed within the specified duration. Consequently, the Tribunal concluded that the applicant met the requirements of clauses 485.221 and 485.222.

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with the direction that the applicant meets the criteria specified in clauses 485.221 and 485.222 of Schedule 2 to the Regulations.