Kuai (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The dispute centred on whether the applicant met the primary criteria for this visa, specifically concerning the Australian study requirement and the relationship between their completed courses and their nominated skilled occupation.

The Tribunal was required to determine two key legal issues. Firstly, whether the applicant had satisfied the Australian study requirement within the six months immediately preceding their visa application, as stipulated by clause 485.221 of Schedule 2 to the Regulations. Secondly, the Tribunal had to ascertain whether each degree, diploma, or trade qualification relied upon to meet the Australian study requirement was closely related to the applicant's nominated skilled occupation, as required by clause 485.222.

In its reasoning, the Tribunal found that the applicant met the requirements of clause 485.221, having completed registered courses in Australia over a period exceeding 16 months, involving at least two academic years of study, with all instruction in English, while holding a visa authorising study. However, the Tribunal determined that the applicant failed to satisfy clause 485.222. The competencies gained from the applicant's courses were found to be unrelated to the nominated occupation of Locksmith, and there was no discernible connection between the management skills acquired and the requirements of that trade.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa. The Tribunal noted it had no jurisdiction concerning the second applicant's visa.