Pasikanti (Migration)

The Administrative Appeals Tribunal considered the case of Mr Pasikanti, an applicant for a Subclass 485 visa in the Graduate Work stream. The dispute centred on whether Mr Pasikanti met the primary criteria for this visa, specifically the 'Australian study requirement' and the requirement that his qualifications be closely related to his nominated skilled occupation.

The Tribunal was required to determine if Mr Pasikanti had satisfied the 'Australian study requirement' as defined by regulation 1.15F(1) of the Migration Regulations 1994. This involved assessing whether he had completed one or more registered degrees, diplomas, or trade qualifications, undertaken while in Australia on a study-authorised visa, over a minimum of 16 calendar months and at least two academic years of study, with all instruction conducted in English. The Tribunal also had to consider whether each qualification used to satisfy this requirement was closely related to his nominated skilled occupation, as stipulated by clause 485.222.

The Tribunal found that Mr Pasikanti had completed a Master of Computing Technology, a Diploma of Leadership and Management, and an Advanced Diploma of Leadership and Management. It was satisfied that these courses were registered, completed in a total of at least 16 calendar months, involved at least 92 academic weeks of study, were conducted in English, and that he held a student visa during his studies. However, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 485 visa, and therefore affirmed the decision not to grant the visa.