Patel (Migration)

[2021] AATA 5377

Patel (Migration) [2021] AATA 5377 (23 November 2021)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Prexabahen Kantibhai Patel

CASE NUMBER:  1821050

HOME AFFAIRS REFERENCE(S):          BCC2018/3981477

MEMBER:Ian Berry

DATE:23 November 2021

PLACE OF DECISION:  Brisbane

DECISION:The Tribunal affirms the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.

Statement made on 23 November 2021 at 1:14pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – Graduate Work stream – Australian study requirement – Diploma of Leadership and Management – whether qualification ‘closely related’ to nominated occupation – Internal Auditor – ANZSCO description of the occupation – Major Group 2 – Sub-Major Group 22 – Minor Group Level 221 – Unit Group Level 2212 – decision under review affirmed

LEGISLATION
Migration Act 1958 (Cth), s 65
Migration Regulations 1994 (Cth), r 1.15F; Schedule 2, cl 485.222

CASES
Talha v MIBP [2015] FCAFC 115

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 4 July 2018 to refuse to grant the applicant a Skilled (Provisional) (Class VC) visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant applied for the visa on 28 June 2018. Visa Class VC contains Subclass 485. (For visa applications made before 1 July 2013, there is also a Subclass 487, however that subclass is not relevant to the present matter.) The criteria for the grant of a Subclass 485 visa are set out in Part 485 of Schedule 2 to the Migration Regulations 1994 (the Regulations). The primary criteria must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need satisfy only the secondary criteria.

   Delegates decision

3. The delegate refused to grant the visa application because the applicant did not satisfy cl.485.222 of Schedule 2 to the Regulations. Clause 485.221 provides that the applicant must complete the Australian study requirement within 6 months immediately before the day of lodgement of the applicant’s application. The applicant’s qualification of the Diploma of Leadership and Management was the only qualification made within that 6-month period. The delegate then found that the Diploma of Leadership and Management was not closely related to the nominated occupation of Internal Auditor.  Therefore, clause 485.222 was not satisfied.

4. The applicant appeared before the Tribunal on 30 June 2021 to give evidence and present arguments. The Tribunal received oral evidence from the applicant who was the only witness. The Tribunal hearing was conducted with the assistance of an interpreter in the Hindi (Indian) and English languages.  Initially, the Tribunal was prepared for the interpreter only to be used when required by the applicant.  Notwithstanding, the Tribunal made an opening statement of the Tribunal’s role and procedures of the hearing, all of which was interpreted.  During the course of the hearing, as the Tribunal was of the view the applicant may not have been understanding the Tribunal’s questions, the Tribunal reverted to the interpreter interpreting all the questions and answers.

5. The Tribunal exercised its discretion to hold the hearing by telephone. During the COVID-19 pandemic, special circumstances exist for the telephone hearing. The Tribunal also considered the Tribunal’s objective of providing a review that is fair, just, economical and expedient. A hearing by telephone achieved this end.

6. The applicant was represented in relation to the review by her registered migration agent Mr J Yao migration agent registration number 0743862.

7. For the following reasons, the Tribunal has concluded that the decision under review should be affirmed.

   CONSIDERATION OF CLAIMS AND EVIDENCE

8. The applicant is seeking to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream which include cl.485.221 and cl.485.222 of Schedule 2 to the Regulations. These require that the applicant must have satisfied the ‘Australian study requirement’ in the 6 months immediately before the day the visa application was made (cl.485.221) and secondly, that each degree, diploma or trade qualification used to satisfy that requirement must be closely related to the applicant’s nominated skilled occupation (cl.485.222). The issue in the present case is whether the applicant meets those requirements.

   Does the applicant meet the Australian study requirement?

9. Under r.1.15F(1) of the Regulations, a person satisfies the Australian study requirement, if the person satisfies the Minister that the person has completed one or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:

   ·that are registered courses; and

   ·that were completed in a total of at least 16 calendar months; and

   ·that were completed as a result of a total of at least 2 academic years study; and

   ·for which all instruction was conducted in English; and

   ·that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.

10. Degree, diploma, trade qualification, registered course, completed and academic year are all defined terms (see rr.1.03, 1.15F and 2.26AC(6), and cl.485.111). Completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award (r.1.15F(2)). For the purposes of this case, one academic year is at least a total of 46 weeks, being the duration of a course registered under the Education Services for Overseas Students Act 2000 (LIN 19/085).

11. The applicant has achieved the following qualifications:

    ·Master of Commerce (Professional Accounting) (Masters degree) was completed between 21 July 2014 and 21 July 2016.

    ·Advanced Diploma of Management (Human Resources) (Advanced Diploma) was completed between 7 March 2016 and 5 March 2017.

    ·Diploma of Leadership and Management (Diploma) was completed between 21 August 2017 and 13 May 2018.

12. The Masters qualification consisted of 104 academic weeks of study. The Advanced Diploma consisted of 52 academic weeks of study.  The applicant completed her Diploma qualification, which consisted of 38 academic weeks.

13. The above qualifications were CRICOS[1] registered courses.

    [1] an acronym for Commonwealth Register of Institutions and Courses for Overseas Students.

14. For all the qualifications, the applicant was the holder of a visa allowing her to study in Australia and all the qualifications were in English.

15. The Diploma was completed within six months before the applicant applied for the VC-485 visa. TheTribunal finds that the applicant satisfied the Australian study requirement in the six months immediately before the date of the visa application.

16. Therefore, the applicant meets cl.485.221.

    Is the qualification ‘closely related’ to the nominated occupation?

17. In addition, cl.485.222 requires each qualification used to satisfy that requirement is closely related to the applicant’s nominated skilled occupation. An occupation is a ‘skilled occupation’ if: it is specified by the Minister as a skilled occupation; and, if a number of points are specified in the instrument as being available — for which the number of points are available; and that is applicable to the person in accordance with the specification of the occupation (rr.1.03 and 1.15I). The relevant instrument for this purpose is Legislative Instrument IMMI 18/051.

18. In this case, the applicant’s nominated occupation was Internal Auditor ANZSCO[2]  code 221214.  The occupation of which is a skilled occupation and is specified in IMMI 18/051.

    [2] an acronym for Australian New Zealand Standard Classification of Occupations.

    Profile and summary of ANZSCO structure

19. ANZSCO is a skill-based classification used to classify all occupations and jobs in the Australian and New Zealand labour markets. To do this, ANZSCO identifies a set of occupations covering all jobs in the Australian and New Zealand labour markets, defines these occupations according to their attributes and groups them on the basis of their similarity into successively broader categories for statistical and other types of analysis. The individual objects classified in ANZSCO are jobs. In ANZSCO, occupations are organised into progressively larger groups on the basis of their similarities in terms of both skill level and skill specialisation. The conceptual model adopted for ANZSCO uses a combination of skill level and skill specialisation as criteria to design major groups which are meaningful and useful for most purposes.

20. ANZSCO states:

    The eight major groups are formed by grouping together sub-major groups using aspects of both skill level and skill specialisation. In designing the major groups, intuitive appeal and usefulness in both statistical and administrative applications were also important considerations. The skill level criterion is applied as rigorously as possible at the second level of the classification, the sub-major group level, together with a finer application of skill specialisation than that applied at the major group level. Each sub-major group is made up of a number of minor groups. Minor groups are distinguished from each other mainly on the basis of a finer application of skill specialisation than that applied at the sub-major group level. Within minor groups, unit groups are distinguished from each other on the basis of skill specialisation and, where necessary, skill level. Within unit groups, the distinction between occupations relates to differences between tasks performed in occupations and in most unit groups all occupations are at one skill level. 

    ANZSCO’s Major Group 2

21. Major Group 2 – Professionals perform analytical, conceptual and creative tasks through the application of theoretical knowledge and experience in the fields of the arts, media, business, design, engineering, the physical and life sciences, transport, education, health, information and communication technology, the law, social sciences and social welfare. Most occupations in the major group level have a skill commensurate with the qualifications and experience. In Australia a bachelor degree or higher qualification or at least five years a relevant experience may substitute for the formal qualification.

22. At the Major group 2 level, tasks include:

    ·Communicating ideas through language, printed and electronic media, and artistic media including the visual and performing arts;

    ·Analysing, planning, developing and implementing programs and solutions to resolve business and economic problems;

    ·Providing services in financial accounting, human resource development, publish city and marketing, and the efficient operation of organisations;

    ·Flying aircraft, and controlling and directing the operation of ships, boats and marine equipment;

    ·Conducting and analysing research to extend the body of knowledge in the field of the sciences and developing techniques to apply this knowledge;

    ·Designing products, buildings and other physical structures, and engineering systems;

    ·Researching and developing curricula, and teaching students and a range of educational settings;

    ·Designing, implementing, testing and maintaining technologies and services that enable information to be accessed, stored, many belated, processed, and disseminated;

    ·Identifying, treating, and advising on, health, social, and personal issues;

    ·Advising clients on legal matters.

    ANZSCO’s Sub- Major Group 22

23. Sub-Major 22 – Business, human resource and marketing professionals perform analytical, conceptual and practical tasks to provide services in financial accounting and transaction matters, human resource development, public relations and marketing, and conduct studies of the economy, organisational structures, methods and systems.

24. The ANZSCO’s Sub-Major group 22, includes the following tasks:

    •Collecting, analysing and interpreting information on the financial viability, cost structures and trading effectiveness of organisations;

    •conducting audits, preparing financial statements and controlling treasury systems for organisations;

    •developing and reviewing financial plans and strategies, executing buy and sell orders, and negotiating the purchase and sale of commodities;

    •developing, implementing and evaluating staff recruitment, training and development programs;

    •researching, developing and implementing marketing and public relations campaigns;

    •studying and developing methods and policies to improve and promote government and business operations and effectiveness;

    •developing and managing record and archival systems for retention and destruction of legal, administrative, evidential, historical and other records.

    ANZSCO’s Minor Group Level 221

25. Minor Group 221 – Accountants, Auditors and Company Secretaries Plan and Provide Accounting, Financial Auditing and Treasury Valuation Services and Systems to Individuals and Organisations, and Plan and Review Legislative Compliance Activities.

26. The ANZSCO Minor group 221 level, includes the following tasks:

    •Collecting, analysing and interpreting information on the financial status, cost structures and trading effectiveness of organisations;

    •devising, re-organising and establishing budgetary cost control and other accounting systems such as computer-based systems;

    •conducting audits and investigations and preparing financial statements and reports for management, shareholders, and statutory and other bodies;

    •controlling treasury and treasury systems and establishing and reviewing risk management objectives and treasury policies;

    •arranging and giving notice of meetings of directors and shareholders;

    •advising organisations' governing boards on matters concerning compliance with stock exchange listing rules, relevant legislation and corporation practice.

    ANZSCO’s Unit Group Level 2212

27. Unit Group 2212 – Auditors, Company Secretaries and Corporate Treasurers Conduct Audits of Accounting Systems, Procedures and Financial Statements, Manage Corporate Funding and Financial Risk, and Administer and Review Corporate Compliance Activities. ANZSCO has set the Skill Level at 1.

28. The ANZSCO Unit Group 2212 level; the tasks of an internal auditor include:

    ·Arranging, giving notice of and attending meetings of directors and shareholders;

    ·advising organisations' governing boards on matters concerning compliance with stock exchange listing rules, relevant legislation and corporation practice;

    ·supervising organisations' share capital by preparing documents and share issues, and handling share transfers;

    ·controlling treasury and treasury systems and establishing and reviewing risk management objectives and treasury policies;

    ·identifying, managing and reporting on financial risks;

    ·assisting with equity management, debt management, securities and taxation planning issues;

    ·collecting, analysing and interpreting information on the financial standing, cost structures and trading effectiveness of organisations;

    ·devising, re-organising and establishing budgetary cost control and other accounting systems such as computer-based systems;

    ·conducting audits and investigations and preparing financial statements and reports for management, shareholders, and governing and statutory bodies;

    ·evaluating the cost effectiveness and risks of operational processes, activities, policies and systems;

    ·reporting to management on the existence and effectiveness of the system of internal controls;

    ·establishing audit objectives, and designing and implementing audit methodologies, processes and audit report criteria.

    ANZSCO’s occupation of Internal Auditor level 221214

29. At the ANZSCO “occupation level” it states that an internal auditor (alternative title: Audit Officer) ‘Examines, verifies, evaluates and reports on financial, operational and managerial processes, systems and outcomes to ensure financial and operational integrity and compliance, and assists in business process reviews, risk assessments, developing deliverables and reporting progress against outcomes.  Registration or licensing is required: the Skill Level is 1.

30. As the applicant has selected her nominated occupation as internal auditor (to which the above tasks are relevant), at the least, she must rely on the Diploma as being closely related to the nominated occupation, to satisfy cl.485.222.

    The applicant’s arguments

31. The applicant submitted that her Advanced Diploma, Diploma and Masters are all closely related to her nominated occupation of Internal Auditor. The Tribunal readily accepts the applicant’s Masters is closely related to her nominated occupation.

32. To illustrate the close relationship of the Masters with that of the occupation of internal auditor, the record of results of the master’s units of competency, provided by the applicant, are set out:

    ·Financial accounting.

    ·Auditing & assurance services.

    ·Financial management.

    ·Taxation law and practice.

    ·Information systems design and development for accountants.

    ·Business, society and the planet.

    ·Corporate law.

    ·Human resource management.

    ·Marketing.

    ·Corporate accounting.

    ·Cost and management accounting.

    ·Commercial law.

    ·Organisations: Behaviour, structure, process.

33. While not all tasks are relevant to the nominated occupation of internal auditor, the significant number of units of competency are so related. For example, financial accounting, auditing & assurance services; financial management; corporate Law; corporate accounting; cost and management accounting; and commercial law, are relevant as being closely related to that of an internal auditor. The Tribunal does not consider that human resource management and marketing are closely related. However, the significant majority of the units of competency are closely related.

34. The Diploma academic transcript from the Danford College has the applicant studying the following units:

    ·Plan and manage the flexible workforce.

    ·Ensure a safe workplace.

    ·Manage risk.

    ·Manage and information or knowledge management system.

    ·Manage meetings.

    ·Develop a workplace learning environment.

    ·Develop a sales plan.

    ·Lead and manage effective workplace relationships.

    ·Lead and manage team effectiveness.

    ·Undertake project work.

35. Considering the Diploma’s units of competency as against all hierarchical levels of an internal auditor, the Tribunal does not consider that the significant number of units are closely related. For instance, the unit group level of the occupation of internal auditor refers to the arrangement, giving notice of and attending meetings of directors and shareholders, which is not the same as to manage meetings. An internal auditor is not involved in managing workforce safe workplaces, the workforce, managing workplace relations or other matters involving the workplace environment. The diploma qualification does not represent a significant number of units at all levels of ANZSCO.

36. At the National Training Centre of Australia, the applicant provided the Department with the record of results relating to her Advanced Diploma. The units of competency are set out in that record of results is below:

    ·Develop and Implement Diversity Policy.

    ·Manage Finances.

    ·Manage Human Resources Strategic Planning.

    ·Lead and Manage Organisational Change.

    ·Contribute to Organisation Development.

    ·Develop and Implement Strategic Plans.

    ·Develop a Marketing Plan.

1. The record of results of the advanced diploma course has the management of finances which is closely related. However, the other units are not closely related.

2. The submission made by the applicant to the Department on 27 June 2018, in response to the Diploma states:

   Now I will apply for a 485 Visa and my nominated occupation is Internal Auditor. In the statement, I will illustrate the relevance between my nominated occupation and the courses I have undertaken above.

   ‘My short-term target is to perform auditing job in an International corporation and my long-term target is to set up my own auditing firm. As an internal auditor, one should examines, verifies, evaluates and reports on financial, operational and managerial processes, systems and outcomes to ensure financial and operational integrity and compliance, and assists in business process reviews, risk assessments, developing deliverables and reporting progress against outcomes. My master’s degree provides me the professional knowledge…

   I chose to take the course of Advanced Diploma of Management (Human Resources) for the reason that this course will help me understand the organisational structure of a company, human resource cost, marketing cost, etc., which makes me realise company operation and makes my auditing work easier and more accurate.

   On the other hand, Advanced Diploma of Management (Human Resources) concentrates on methods to allocate resources efficiently and maximise the internal power of each individual within the organisation. Leadership dominates the perception of organisational culture. This is the emphasis of my latest course Diploma of Leadership and Management. All of these essential elements should be evaluated by an internal auditor and report to the organisation to help it to be successful organisations.

   In conclusion, to be a successful internal auditor and later set up an auditing firm, all of the courses I have undertaken a useful and related to my career. With the desire to serve and dedicate my career to build a better business environment in my home country, I believe that the courses and experience I have gained so far will send a great foundation for me.’

3. What is required of the applicant is to show a close relationship between her nominated occupation and each qualification attained which form the basis of her Australian study requirement, in particular the Diploma as it is the qualification completed in the six months immediately prior to her making the application.

4. The applicant’s ambitions and future career prospects is not the criteria for establishing a connection (close relationship) between the nominated occupation in the subject she has undertaken. The case of Tahla is the leading authority on what is meant by ‘closely related’.

   What is meant by ‘closely related’?

5. While not defined, closely related has received close judicial scrutiny. Talha v MIBP [2015] 235 FCR 100 at [53] had this to say about the close relationship of the nominated skilled occupation and the applicant’s Australian studies:

   ‘53         Of course, it is ultimately a matter for the primary decision-maker and, on a statutory review, the Tribunal, to decide whether Mr Talha’s Australian studies are “closely related” to his nominated skilled occupation. But in carrying out the evaluative exercise it is critical that the whole of Mr Talha’s Australian studies be compared with the whole of his nominated occupation, as established in previous decisions of the Court, including Dhillon at [20] per Allsop CJ, Murphy and Pagone J, Constantino at [26] per Jacobson J and Bhanot at [29] per Perry J. As the Full Court stated in Dhillon at [20]:

   The words “closely related” are not specifically defined in the Regulations or the relevant statutes but require, and call attention to, the connection between two things. The task to be undertaken to determine whether a qualification is “closely related” to a nominated occupation does not require the finding of an exact correspondence between the two but it does require “that the whole of the qualification must be compared with the whole of the occupation to determine whether the necessary close relationship exists”: Constantino v Minister for Immigration and Border Protection [2013] FCA 1301, [26]. That is what the Tribunal did. The Tribunal informed itself about the nature of the skilled occupation of pastry cook by considering the Australian Standard Classification of Occupations (ASCO) and compared that with the course content submitted by Mr Dhillon for the units undertaken by him in the business management course completed at the Nova Institute. At [91] the Tribunal considered that the requirement of a qualification being “closely related” to the nominated occupation required that the relationship between the skills gained in the qualification were more than merely complementary to the occupation or that the skills could be used in that occupation. The Tribunal did not ask itself an incorrect question when determining whether the qualifications relied upon by Mr Dhillon were closely related to his nominated profession of pastry cook (see Bhanot v Minister for Immigration and Border Protection [2014] FCA 848, [21], [24], [38]) and on the materials its finding was open to the Tribunal.

   (Emphasis added).’

6. As the Diploma was completed within the six months immediately before the making of the application, a comparison between the units comprised in the academic transcript does not show a close relationship. Moreover, the Diploma of Leadership and Management, is concerned about the leadership and management of people. Whereas, the internal auditor’s tasks in ANZSCO are concerned about the management of the organisation particularly at a senior level. For example:

   ·The arranging, giving notice of and attending meetings of directors and shareholders concerns giving advice and does not involve an element of leadership or management.

   ·Establishing audit objectives and designing and implementing audit methodologies, processes and audit report criteria makes no reference to either leadership or management of people.

7. The two examples above are only a sample of the tasks of an internal auditor. It illustrates the difference between an internal auditor concerning organisation, audits, investigations, cost effectiveness and reporting to management at the highest level, and the advanced diploma in dealing with people at levels not involving senior management.

   VETASSESS and its relationship to ‘closely related’

8. The applicant submitted that her skills assessment supports the argument that the Advanced Diploma and Diploma are closely related.

9. The VETASSESS letter of 16 January 2018 attaches to it the applicant’s Skills Assessment in respect of her nominated occupation of Internal Auditor (ANZSCO Code: 221214). After stating the nominated occupation, the qualification referred to in that skills assessment references only the Master of Commerce awarded in 2018 by the Federation University Australia, Victoria, Australia. It is assessed as comparable to the educational level of an AQF Master Degree and is therefore of the required level. The assessment is a positive outcome. However, VETASSESS does not make any reference to the Advanced Diploma or the Diploma.

   The Tribunal’s reasoning

10. The legal position is that the applicant must show her Diploma (the qualification completed in the six months immediately prior to the making of her application) is closely related to her nominated occupation. This is achieved by examining each level of ANZSCO to assess whether a task has a close relationship with the qualification being scrutinised. It is irrelevant for consideration by the Tribunal as to the aspirational goals of an applicant. It is expected that an Internal Auditor is able to have some level of management and a level of leadership. It is not sufficient for the applicant’s Diploma to be complimentary to her nominated occupation but must be closely related. An examination of the tasks of both the Diploma and Advanced Diploma does not show that close relationship. It is not just a matter of examining the tasks but also to the overall assessment. For instance, an Internal Auditor is concerned with collecting data, examining it, verifying that information or data, reporting it to those who will use that information for their purposes such as a management team or a Board. One example is the meeting at which the internal auditor is to attend. While charged with responsibility of organising the establishment of the meeting it is not the Internal Auditor’s position to lead or manage that meeting. It may be to answer questions relating to the report are given to the board or committee of Management.

11. The Tribunal has made a comparison of units of competency at all levels of the hierarchical ANZSCO tasks. Moreover, the applicant’s Diploma is more concerned about a business, an organisation, a department within organisation or a section within a department. The manager must have the skills equipped to manage meetings, care for staff, and undertake project work. It is effectively a position with a workforce and systems in place which need to be managed. The internal auditor is required to work at a more extensive intellectual level involving judgement and presentation to both managers and leaders.

    Specific unit descriptions

12. The applicant provided to the Tribunal specific information concerning units of the Diploma course. Reference is made to managing risk, managing meetings, managing information or knowledge of management systems, plan and manage the flexible workforce, undertake project work, and develop a safe plan.

13. The applicant said about managing risk that it helps the organisation to identify any risks and to make plans to reduce potential negative impacts and to improve the likelihood of beneficial outcomes. The Tribunal fully accepts that managing risk is an issue with any organisation. It is a matter though as to what risk is to be managed. The risk in the kitchen of a restaurant is substantially different than managing risk relating to financial data and information. In respect of the former the risk is restrained by the duties of the Chef or Cook whereas for the latter, managing risk is ensuring that the integrity of the data or information, the subject of the report to the board, has been examined, the risk identified and strategies to overcome that risk. There are many organisations if not all who are required to exercise some degree of risk and the impact of not analysing or reporting upon the risk.

14. The internal auditor does not manage the meeting. It is for the board, the managing director or a board of management to set about managing the meeting. The internal auditor has the task of arranging the meeting, giving notice and attending the meeting as it would be expected the internal auditor may be required to provide further insight into the internal auditor’s report. Especially so, if the report is at a shareholders meeting where the depth and breadth of the questions would be significant.

15. Undertaking project work is generic in that each position may all do project work but it must significantly be within the skills and experience of the person undertaking the work. It is definitely not a task of the internal auditor to develop a sales plan nor to manage information or knowledge in a management system. There may be a specific management system specifically applicable to internal auditors used to compile reports, analyse data or information and assessing and managing risk. Again, it is generic, as each occupation has its specific requirements.

16. The internal auditor has no task which closely resembles planning and managing the flexible workforce. Clearly this is the task of a manager and not an internal auditor. The Tribunal has carefully considered the memorandum from the applicant to her migration representative, and each of the Danford College documentation. For the reasons already given, the Tribunal is not satisfied that there is a close relationship between the Diploma, the Advance Diploma and the applicant’s nominated occupation of internal auditor.

17. As each qualification used to satisfy the Australian study requirement is not closely related to the nominated skilled occupation, the applicant does not meet cl.485.222.

18. On the basis of the above findings, the applicant does not satisfy the criteria for the grant of a Subclass 485 visa. As this is the only relevant subclass in this case, the decision under review will be affirmed.

    DECISION

19. The Tribunal affirms the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.

    Ian Berry
    Member