Lu (Migration)

The applicant, Lu, sought review of a decision concerning their eligibility for a Skilled (Provisional) (Class VC) visa, specifically the Temporary Graduate stream (Subclass 485). The dispute centred on whether Lu met the criteria for this visa, which requires the applicant to have satisfied the Australian study requirement and for the qualifications used to meet this requirement to be closely related to their nominated skilled occupation. The matter was heard by Jade Murphy of the Tribunal.

The Tribunal was required to determine two key legal issues. Firstly, whether Lu satisfied the Australian study requirement as defined by the Migration Regulations 1994. Secondly, and crucially, whether each degree, diploma, or trade qualification relied upon to satisfy the Australian study requirement was closely related to Lu's nominated skilled occupation.

In its reasoning, the Tribunal found that Lu had indeed satisfied the Australian study requirement. This was based on evidence of completed qualifications, including a Master of Construction Practice and a Bachelor of Business (Marketing), which met the criteria regarding registered courses, duration of study, academic years, instruction in English, and undertaking study in Australia on an appropriate visa. However, the Tribunal determined that the second criterion, requiring the qualification to be closely related to the nominated skilled occupation, was not met. As this was a mandatory requirement for the visa, Lu failed to satisfy the criteria for the grant of the Subclass 485 visa. Consequently, the Tribunal affirmed the original decision not to grant the visa.