Kim (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, before the Administrative Appeals Tribunal. The applicant, a citizen of South Korea, sought to satisfy the primary criteria for the visa, specifically the Graduate Work stream. The core of the dispute revolved around whether the applicant met the requirements of clauses 485.221 and 485.222 of Schedule 2 to the Regulations.

The Tribunal was required to determine two key legal issues: firstly, whether the applicant had satisfied the ‘Australian study requirement’ in the six months immediately preceding the visa application, and secondly, whether each degree, diploma, or trade qualification used to satisfy this requirement was closely related to the applicant’s nominated skilled occupation. The applicant’s nominated occupation was Chef, and she had obtained qualifications in Australia.

The Tribunal found that while the applicant had met the Australian study requirement, the crucial issue was the relationship between her qualifications and her nominated occupation. The applicant’s evidence indicated she was employed as a section chef in a restaurant. However, the Tribunal concluded that her qualifications were not closely related to the occupation of Chef as required by clause 485.222. Consequently, the applicant did not satisfy the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.