Libitino (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) by an applicant seeking to satisfy the Graduate Work stream criteria. The core dispute concerned whether the applicant met the 'Australian study requirement' and the related criteria that her qualification be closely related to her nominated occupation. The Tribunal also considered additional criteria relevant due to the passage of time caused by the COVID-19 pandemic.

The legal issues before the Tribunal were whether the applicant satisfied the requirements of clauses 485.221, 485.222, 485.223, and 485.224 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had completed her qualification within the six months immediately preceding her visa application, as required by clause 485.221, and if that qualification, a Diploma of Early Childhood Education and Care, was closely related to her nominated occupation of child care centre manager, as required by clause 485.222.

The Tribunal's reasoning focused on the evidence presented regarding the completion date of the applicant's qualification. While most documents indicated a completion date of 11 December 2020, one letter from TAFE Queensland dated 21 January 2021 stated a completion date of 13 January 2021, which was after the visa application was lodged. However, the Tribunal also noted a later email from the educational provider confirming the earlier completion date of 11 December 2020. The Tribunal found that the applicant met the requirements of clauses 485.221 and 485.222, as well as the additional criteria in clauses 485.223 and 485.224.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with the direction that the applicant had met the specified criteria.