Lin (Migration)

The applicant, Lin, sought review of a decision not to grant a Skilled (Provisional) (Class VC) visa, specifically under the Temporary Graduate visa subclass 485, Graduate Work stream. The dispute concerned whether Lin's qualifications and nominated occupation met the relevant visa criteria. The decision was made by Kira Raif, Senior Member of the Tribunal.

The primary legal issue before the Tribunal was whether Lin's completion of an Advanced Diploma of Business, and subsequent nomination as a registered nurse, satisfied the requirement that the applicant's nominated occupation be "closely related" to their Australian study. This involved an interpretation of the legislative instrument prescribing the criteria for the visa subclass.

The Tribunal's reasoning focused on the lack of a close relationship between the Advanced Diploma of Business and the nominated occupation of registered nurse. The Tribunal found that the applicant's studies were not sufficiently connected to the skills and knowledge required for the occupation of a registered nurse, and therefore, the applicant did not satisfy the criteria for the grant of the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.