Nguyen (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant's eligibility for this visa was contested, specifically concerning whether they met the requirements for the Australian study requirement and the close relationship between their qualification and nominated occupation.

The primary legal issues before the Tribunal were whether the applicant satisfied the ‘Australian study requirement’ within the prescribed timeframe, as stipulated by clause 485.221 of Schedule 2 to the Regulations, and whether their degree qualification was ‘closely related’ to their nominated occupation of Electrical Engineer, as required by clause 485.222 of Schedule 2. The definition of ‘completed’ in relation to a qualification, meaning the academic requirements for its award have been met, was also a relevant consideration.

The Tribunal found that the applicant had met the criteria for both clause 485.221 and clause 485.222. This conclusion was based on evidence including statements from the applicant, university records confirming attendance, completion, and graduation, and a response from the University of New South Wales. The Tribunal determined that the applicant had satisfied the Australian study requirement and that their qualification was closely related to their nominated occupation.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant meets the specified criteria under clauses 485.221 and 485.222 of Schedule 2 to the Regulations.