Quach (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Quach, who sought to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream. The dispute centred on whether Mr. Quach met the requirements of clauses 485.221 and 485.222 of Schedule 2 to the Regulations, specifically the 'Australian study requirement' and the requirement that any qualification used to satisfy this must be closely related to his nominated skilled occupation of Chef.

The Tribunal was required to determine if Mr. Quach's Bachelor of Business (Hospitality and Tourism Management) course, completed between March 2014 and July 2017, was "closely related" to the occupation of Chef, as defined by ANZSCO Code 3513. This determination was crucial for satisfying the Australian study requirement within the six months preceding his visa application.

The Tribunal reasoned that while Mr. Quach held qualifications in hospitality and commercial cookery and had extensive experience as a chef, his Bachelor of Business degree did not meet the "closely related" criterion. The subjects within the degree, such as Accounting for Managers, Accommodation Management, Quantitative Analysis, Business Ethics, Commercial Law, and Marketing, were found to be general business subjects rather than directly related to the practical duties and skills of a chef. The Tribunal concluded that these subjects, even if they enhanced knowledge of the hospitality industry, did not establish a close relationship to the nominated occupation as required by the regulations.

Consequently, the Tribunal affirmed the decision not to grant Mr. Quach a Skilled (Provisional) (Class VC) visa, as he failed to satisfy the relevant criteria.