LI (Migration)

The Administrative Appeals Tribunal considered the application of Mr Li for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The primary dispute concerned whether Mr Li met the requirements of the ‘Australian study requirement’ and the ‘closely related’ qualification criterion for his nominated occupation as an Accountant.

The legal issues before the Tribunal were whether Mr Li had satisfied the ‘Australian study requirement’ as defined by regulation 1.15F(1), which necessitates the completion of registered courses in Australia over a minimum of 16 calendar months and at least two academic years of study, with all instruction in English, undertaken while holding a study-authorised visa. Additionally, the Tribunal had to determine if each degree, diploma, or trade qualification used to satisfy this requirement was ‘closely related’ to Mr Li’s nominated skilled occupation, as stipulated by clause 485.222 of Schedule 2 to the Regulations.

The Tribunal found that Mr Li had provided sufficient documentation, including academic records for a Bachelor of Business and Commerce, a Master of Business, and a Master of Professional Accounting, all completed in Australia. It also considered a skills assessment from CPA Australia for the occupation of Accountant (General). Based on the evidence presented, the Tribunal concluded that Mr Li met both the ‘Australian study requirement’ and the ‘closely related’ qualification criterion.

Consequently, the Tribunal remitted Mr Li's visa application to the Minister for reconsideration, with a direction that Mr Li had satisfied the criteria under clauses 485.221 and 485.222 of Schedule 2 to the Regulations.