Ratnayake (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream. The applicant's eligibility for this visa was contested, specifically concerning whether they met the 'Australian study requirement' and whether their completed qualifications were 'closely related' to their nominated occupation.

The primary legal issues before the Tribunal were whether the applicant had satisfied the 'Australian study requirement' as defined by the Migration Regulations, and whether each qualification used to meet this requirement was closely related to their nominated skilled occupation. The 'Australian study requirement' necessitates 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-authorising visa.

The Tribunal found that the applicant had met the 'Australian study requirement'. The applicant presented a Diploma in Automotive Management from Chisholm Institute, which incorporated a Certificate III in Light Vehicle Mechanical Technology and a Certificate IV in Leadership and Management. The Tribunal accepted evidence that these combined qualifications met the duration and academic year requirements, were registered, conducted in English, and completed while the applicant held a valid study visa. The Tribunal also found that these qualifications were closely related to the applicant's nominated occupation.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with the direction that the applicant had satisfied the criteria under clauses 485.221 and 485.222 of Schedule 2 to the Migration Regulations.