Leon Redondo (Migration)

This matter concerned an application for a Subclass 485 (Temporary Graduate) visa by Leon Redondo. The applicant sought to satisfy the primary criteria for the visa, specifically clauses 485.221 and 485.222 of Schedule 2 to the Migration Regulations 1994. The dispute centred on whether the applicant had met the 'Australian study requirement' and whether the qualifications relied upon were 'closely related' to the nominated occupation. The decision was made by Jade Murphy, a Member of the Tribunal.

The legal issues before the Tribunal were twofold: first, whether the applicant satisfied the 'Australian study requirement' as defined by regulation 1.15F(1), which necessitates completion of registered courses totalling at least 16 calendar months and at least two academic years of study, undertaken in Australia while holding a study-authorised visa, within the six months immediately preceding the visa application. Second, the Tribunal had to determine if each degree, diploma, or trade qualification used to satisfy this requirement was closely related to the applicant's nominated skilled occupation, as required by clause 485.222.

The Tribunal found that the applicant had completed a Diploma of Project Management and an Advanced Diploma in Program Management, both from Danford College. These qualifications were registered courses, completed within the 16-month minimum duration and as a result of at least two academic years of study. Crucially, both qualifications were completed within the six months immediately before the visa application date of 13 May 2019, with the Advanced Diploma concluding on 24 February 2019. The Tribunal was satisfied that the applicant met the requirements of both clause 485.221 and clause 485.222.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria specified in clauses 485.221 and 485.222 of Schedule 2 to the Regulations.