Nguyen (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream. The applicant had nominated the occupation of Registered Nurse nec. The central dispute before the Tribunal was whether the applicant's Advanced Diploma of Leadership and Management qualification was "closely related" to her nominated occupation, as required by clause 485.222 of Schedule 2 to the Regulations.

The Tribunal was required to determine if the applicant satisfied the Australian study requirement and, crucially, whether her Advanced Diploma of Leadership and Management qualification was closely related to the nominated occupation of Registered Nurse. The applicant had completed a Bachelor of Nursing, which was not disputed as being closely related to the nominated occupation, and the Advanced Diploma of Leadership and Management. The delegate had not been satisfied that the Advanced Diploma was closely related, despite acknowledging its potential utility in the applicant's future career.

The Tribunal reasoned that while the ANZSCO description for Registered Nurses primarily focuses on direct patient care, it also includes tasks such as supervising and coordinating the work of other healthcare workers. The Tribunal found that the Advanced Diploma of Leadership and Management, which covered areas like human resource management, preparing budgets, and financial management, and involved the supervision of other staff, was sufficiently aligned with these supervisory and management aspects of the Registered Nurse occupation. Therefore, the Tribunal concluded that the Advanced Diploma was closely related to the nominated occupation.

Consequently, the Tribunal remitted the applicant's visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 485.222 of Schedule 2 to the Regulations.