Patel (Migration)

This matter concerned an application for a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream by the applicant, Ms. Patel. The dispute arose when the delegate refused to grant the visa, finding that the applicant had not satisfied the primary criteria, specifically cl.485.222 of Schedule 2 to the Migration Regulations 1994. The applicant sought review of this decision before the Tribunal.

The Tribunal was required to determine two key issues: first, whether the applicant satisfied the ‘Australian study requirement’ as defined in cl.485.221 of the Regulations, and second, whether each qualification used to satisfy this requirement was ‘closely related’ to the applicant’s nominated occupation of Internal Auditor, as mandated by cl.485.222. The applicant had completed a Master of Commerce (Professional Accounting), an Advanced Diploma of Management (Human Resources), and a Diploma of Leadership and Management.

The Tribunal found that the applicant had satisfied the Australian study requirement, having completed registered courses in Australia, with all instruction in English, while holding a visa authorising study. The Master of Commerce and Advanced Diploma of Management met the duration and academic year requirements. Crucially, the Diploma of Leadership and Management was completed within the six months immediately preceding the visa application. However, the Tribunal affirmed the delegate's decision, concluding that the Diploma of Leadership and Management was not closely related to the nominated occupation of Internal Auditor, as assessed against the ANZSCO description of that occupation. Therefore, cl.485.222 was not satisfied.