Rai (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 485 Skilled (Provisional) visa in the Graduate Work stream. The dispute centred on whether the applicant met the primary criteria for this visa, specifically concerning the Australian study requirement and the relationship between their qualifications and nominated occupation.

The Tribunal was required to determine two key issues: firstly, whether the applicant satisfied the Australian study requirement as defined by the Migration Regulations, and secondly, whether each qualification used to satisfy this requirement was closely related to the applicant's nominated skilled occupation. The Australian study requirement mandates the completion of registered courses in Australia, totalling at least 16 calendar months and at least two academic years of study, with all instruction in English, undertaken while holding a study-authorised visa.

The Tribunal found that the applicant had completed a Certificate III in Engineering (Fabrication Trade), a Certificate IV in Engineering, and a Diploma of Business. These qualifications were completed within the six months preceding the visa application and were registered courses undertaken at CRICOS-registered institutions. They also met the duration requirements for 16 calendar months and two academic years of study. However, the Tribunal concluded that the applicant had not met the criterion that each qualification must be closely related to the nominated skilled occupation. Consequently, the Tribunal affirmed the decision not to grant the visa.