Kim (Migration)

The Administrative Appeals Tribunal considered the case of Mrs Kim, who sought to satisfy the criteria for a Subclass 485 Temporary Graduate visa in the Graduate Work stream. The dispute centred on whether Mrs Kim met the requirements of clauses 485.221 and 485.222 of Schedule 2 to the Regulations, specifically concerning the Australian study requirement and the relationship between her qualifications and her nominated skilled occupation.

The Tribunal was required to determine two key legal issues. Firstly, whether Mrs Kim satisfied the 'Australian study requirement' as defined by regulation 1.15F(1), which involves completing registered courses in Australia over a specified period and duration, with instruction in English. Secondly, the Tribunal had to assess whether the degree, diploma, or trade qualification used to satisfy this requirement was closely related to Mrs Kim's nominated skilled occupation, as stipulated by clause 485.222.

The Tribunal found that Mrs Kim had completed a Certificate IV in Commercial Cookery and an Advanced Diploma in Hospitality Management at a CRICOS-registered institution. It was satisfied that these courses met the criteria for the Australian study requirement, including being registered, completed within at least 16 calendar months and at least 2 academic years of study, and having all instruction conducted in English. Furthermore, the Tribunal concluded that the Advanced Diploma in Hospitality Management was a pathway leading to a career as a Chef, thus satisfying the requirement that the qualification be closely related to the nominated skilled occupation.

Consequently, the Tribunal remitted the applications for Skilled (Provisional) (Class VC) visas for reconsideration, with a direction that Mrs Kim meets the criteria under clauses 485.221 and 485.222 of Schedule 2 to the Regulations.