Mavunduse (Migration)

The Administrative Appeals Tribunal considered the case of Mavunduse, an applicant seeking a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 Temporary Graduate visa in the Graduate Work stream. The dispute centred on whether the applicant met the requirements for the Australian study requirement and the close relationship between their qualifications and nominated occupation.

The primary legal issues before the Tribunal were whether the applicant had satisfied the Australian study requirement under regulation 1.15F of the Migration Regulations 1994, and whether each qualification relied upon to meet this requirement was closely related to the applicant's nominated skilled occupation as required by clause 485.222. Specifically, the Tribunal had to determine if the applicant's Graduate Diploma in Legal Practice (GDLP) constituted an eligible qualification for the purpose of the visa and if it met the definition of a ‘degree’ or ‘diploma’ for the Australian study requirement.

The Tribunal reasoned that the applicant's GDLP was a registered course and met the definition of a postgraduate diploma, where entry required satisfactory completion of a bachelor's degree or diploma from an Australian tertiary institution. The Tribunal found that the applicant's Master of Commercial and Resources Law qualification served as an equivalent award for entry into the GDLP. Consequently, the Tribunal concluded that the applicant met both the Australian study requirement and the requirement that their qualifications be closely related to their nominated occupation as a solicitor.

Based on these findings, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the applicant met the criteria under clauses 485.221 and 485.222 of Schedule 2 to the Regulations.