Peng (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The core of the dispute concerned whether the applicant's qualification was sufficiently related to their nominated occupation for the purpose of meeting the visa criteria.

The Tribunal was required to determine whether the applicant satisfied the criteria for the grant of a Subclass 485 visa, with the central question being the relationship between the applicant's qualification and their nominated occupation.

The Tribunal found that the applicant's qualification was not closely related to the nominated occupation. Based on this finding, the Tribunal concluded that the applicant did not meet the necessary criteria for the visa. Consequently, the Tribunal affirmed the original decision to refuse the grant of the visa.