Kurniadjaja (Migration)

The Administrative Appeals Tribunal considered an application by Mr Kurniadjaja for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant sought to satisfy the primary criteria for the visa, specifically those relating to the Australian study requirement and the close relationship between the applicant's qualification and their nominated occupation. The central dispute before the Tribunal was whether the applicant had met these specific requirements.

The legal issues before the Tribunal were whether the applicant had satisfied the 'Australian study requirement' within the six months immediately preceding their visa application, and whether each degree, diploma, or trade qualification used to meet this requirement was closely related to the applicant's nominated skilled occupation, as stipulated by clauses 485.221 and 485.222 of Schedule 2 to the Regulations. The Tribunal was required to interpret the definitions of 'registered course', 'completed', and 'academic year' within the relevant regulations to determine compliance.

The Tribunal found that the applicant had met the Australian study requirement. This was based on evidence of the applicant completing a Diploma of Hospitality Management and an Advanced Diploma of Hospitality Management from a registered institution. These courses were registered, completed within the required timeframe, and met the duration and academic year study requirements. The Tribunal was satisfied that the completion dates of these qualifications fell within the six months immediately prior to the visa application date. Furthermore, the Tribunal concluded that the qualifications were closely related to the applicant's nominated occupation. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criteria under clauses 485.221 and 485.222.