Lee (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream, brought by an applicant who nominated Accountant (General) as their skilled occupation. The core dispute revolved around whether the applicant satisfied the primary criteria for the visa, specifically the 'Australian study requirement' and the requirement that their qualification be 'closely related' to their nominated occupation. The decision was made by Alan McMurran, a Member of the Tribunal.

The legal issues before the Tribunal were twofold: firstly, whether the applicant had satisfied the 'Australian study requirement' within the six months preceding their visa application, and secondly, whether the degree used to satisfy this requirement was closely related to the applicant's nominated occupation. The 'Australian study requirement' is defined by regulation 1.15F(1) and necessitates the completion of registered courses in Australia, undertaken while holding a study-authorising visa, over a minimum duration and academic year count, with all instruction in English. The definition of 'completed' in relation to a qualification means having met the academic requirements for its award.

The Tribunal found, on the available evidence including a course summary from the University of Sydney, that the applicant had met the requirements for the award of a Master of Commerce, specialising in Accounting. This qualification was determined to be a registered course, completed over at least 16 calendar months and at least two academic years, with all instruction in English, and undertaken while holding a visa authorising study. Consequently, the Tribunal concluded that the applicant satisfied both the 'Australian study requirement' under clause 485.221 and the 'closely related' qualification requirement under clause 485.222 of Schedule 2 to the Regulations.

The Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant meets the specified criteria for the Subclass 485 visa.