Kaur (Migration)

The Administrative Appeals Tribunal considered the case of Ms Kaur, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The dispute centred on whether Ms Kaur met the Australian study requirements and the requirement that her qualifications be closely related to her nominated occupation.

The Tribunal was required to determine if Ms Kaur satisfied the Australian study requirement under regulation 1.15F(1) of the Migration Regulations 1994, which involves completing registered courses totalling at least 16 calendar months and at least two academic years of study, conducted in English, while holding a visa authorising study. Additionally, the Tribunal had to assess whether her qualifications, a Diploma of Leadership and Management and a Certificate IV in Commercial Cookery, were closely related to her nominated occupation of Chef, as stipulated by clause 485.222.

The Tribunal found that Ms Kaur had provided sufficient evidence to satisfy the Australian study requirement. It noted that her combined study duration of over 92 weeks equated to at least two academic years, that both courses were registered and conducted in English, and that she held appropriate visas throughout her studies. The Tribunal also concluded that the qualifications met the criteria for being closely related to the nominated occupation of Chef, finding the study undertaken was more than merely complementary to the occupation.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration, with the direction that Ms Kaur met the criteria under clauses 485.221 and 485.222 of Schedule 2 to the Regulations.