Mejia Duque (Migration)

This matter concerned a review of a decision not to grant the applicant a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The applicant sought to have his occupation assessed as Mechanical Engineer, relying on a skills assessment from Engineers Australia which confirmed he met the academic requirements for a Professional Engineer in Australia. The applicant had obtained a degree in Colombia in 2001, followed by a Diploma of Engineering (Oil and Gas), a Diploma of Project Management, and an Advanced Diploma of Leadership.

The primary legal issues before the Tribunal were whether the applicant met the requirements of clauses 485.221 and 485.222 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant's completed courses were "closely related" to his nominated skilled occupation of Mechanical Engineer, and if there was an upper time limit for meeting the Australian study requirement. The applicant's representative argued that the delegate erred by suggesting the Diploma of Engineering (Oil and Gas) failed to meet the requirements due to time limits, and by failing to consider that leadership and management courses, as well as project management, were closely related to the core knowledge and tasks of a Mechanical Engineer as defined by the ANZSCO code.

The Tribunal found that the applicant did not satisfy either clause 485.221 or 485.222. The reasoning focused on the interpretation of "closely related" in the context of the ANZSCO definition for Mechanical Engineer. While acknowledging the importance of continuing professional development, the Tribunal concluded that the Diploma of Project Management and the Advanced Diploma of Leadership did not meet the criteria of being closely related to the nominated occupation. Consequently, as the applicant failed to satisfy these essential criteria for the Subclass 485 visa, the Tribunal affirmed the decision not to grant the visa.