Ramirez Moreno (Migration)

This matter concerned an application for a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream, brought by the applicant, Ramirez Moreno. The dispute centred on whether the applicant satisfied the Australian study requirement and the requirement that her Australian qualifications be closely related to her nominated occupation of Environmental Engineer. The decision was made by Denise Connolly, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had satisfied the Australian study requirement within the six months preceding her visa application, as stipulated by clause 485.221 of Schedule 2 to the Regulations, and whether the qualifications she relied upon to meet this requirement were closely related to her nominated occupation of Environmental Engineer, pursuant to clause 485.222 of Schedule 2 to the Regulations.

The Tribunal reasoned that the applicant had met both clause 485.221 and 485.222. It considered the applicant's completion of a Diploma and an Advanced Diploma in Leadership and Management in Australia, alongside her prior Bachelor of Environmental Engineering from Venezuela. The Tribunal accepted submissions that the skills acquired in the Australian leadership and management courses were transferable to the nominated occupation of Environmental Engineer, particularly in light of Engineers Australia's description of the broad responsibilities of professional engineers, which include integrating technical and non-technical considerations, managing risk, and addressing sustainability issues.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criteria under clauses 485.221 and 485.222.