Mushtaq (Migration)

The Administrative Appeals Tribunal considered the case of Mr Mushtaq, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, in the Graduate Work stream. The dispute centred on whether Mr Mushtaq met the primary criteria for this visa, specifically the Australian study requirement and the requirement that his completed courses be closely related to his nominated skilled occupation.

The Tribunal was required to determine two key legal issues. Firstly, whether Mr Mushtaq satisfied the ‘Australian study requirement’ as defined in regulation 1.15F(1) of the Migration Regulations 1994, which mandates the completion of registered courses totalling at least 16 calendar months and two academic years of study, undertaken in Australia while holding a study-authorised visa. Secondly, the Tribunal had to assess whether each degree, diploma, or trade qualification relied upon to satisfy the Australian study requirement was closely related to Mr Mushtaq’s nominated skilled occupation, as stipulated by clause 485.222.

The Tribunal found that Mr Mushtaq had completed an Advanced Diploma of Leadership and Management and a Master of Business Administration and a Master of Professional Accounting. These qualifications were completed within six months prior to his visa application and were registered courses, thus satisfying the Australian study requirement under clause 485.221. However, the Tribunal determined that the Advanced Diploma of Leadership and Management was not closely related to his nominated occupation of Accountant. The Tribunal reasoned that while the Master of Business Administration and Master of Professional Accounting were relevant, the inclusion of the leadership and management qualification, which was not transferable to accounting, meant that not all qualifications met the close relation requirement under clause 485.222. The Tribunal concluded that Mr Mushtaq did not satisfy the criteria for the grant of the visa.

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