Ramos (Migration)

The Administrative Appeals Tribunal considered an appeal by an applicant concerning a Skilled (Provisional) (Class VC) visa, Subclass 485. The applicant sought to have a decision not to grant the visa reviewed. The core of the dispute revolved around whether the applicant met the Australian study requirement and whether their completed courses were closely related to their nominated skilled occupation.

The Tribunal was required to determine two primary issues. Firstly, whether the applicant had satisfied the Australian study requirement within the six months immediately preceding their visa application. Secondly, the Tribunal had to ascertain if each degree, diploma, or trade qualification relied upon by the applicant to meet the Australian study requirement was closely related to their nominated skilled occupation, which was identified as "Registered Nurse nec" (ANZSCO 254499).

In its reasoning, the Tribunal first assessed the applicant's listed studies. It found that the Diploma in Nursing and the Advanced Diploma in Leadership and Management were valid diplomas that could be considered for the Australian study requirement, and that these courses were registered. However, the Graduate Diploma – Initial Registration for Overseas Nurses was determined to be a non-award, non-AQF program and therefore not a degree, diploma, or trade qualification as defined by the regulations. The Tribunal also noted that the applicant's nominated occupation, Registered Nurse nec, shared identical tasks with the Registered Nurse (Medical) occupation in ANZSCO. Ultimately, based on these findings, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of the visa.