Lee (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Lee for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The dispute centred on whether Mr. Lee met the primary criteria for this visa, specifically the Australian study requirement and the requirement that his qualifications be closely related to his nominated occupation.

The Tribunal was tasked with determining if Mr. Lee satisfied the Australian study requirement as defined by regulation 1.15F(1) of the Migration Regulations 1994. This involved assessing whether he had completed one or more registered courses in Australia, undertaken while holding a study-authorising visa, over a minimum of 16 calendar months and two academic years, with all instruction in English. Furthermore, the Tribunal had to ascertain if each degree, diploma, or trade qualification used to meet this requirement was closely related to Mr. Lee's nominated skilled occupation, as stipulated by clause 485.222.

The Tribunal found that Mr. Lee had provided sufficient evidence to satisfy the Australian study requirement. It accepted that he had completed a Diploma of Hospitality, a Certificate IV in Commercial Cookery, and a Certificate III in Commercial Cookery, with the Diploma of Hospitality being confirmed as completed on 26 June 2017. The Tribunal was satisfied that these qualifications met the duration and academic study requirements, were registered courses, and that all instruction was in English. Crucially, the Tribunal concluded that the Diploma of Hospitality was an approved diploma completed within the six months preceding Mr. Lee's visa application.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Mr. Lee met the criteria under clause 485.221 and clause 485.222 of Schedule 2 to the Regulations.