Reza Khan (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485, Graduate Work stream, brought before Senior Member Kira Raif of the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant this visa.

The central legal issue before the Tribunal was whether the applicant satisfied the Australian study requirement for the subclass 485 visa, specifically concerning the relationship between his completed qualification and his nominated occupation. The applicant had completed a Diploma of Management approximately six months prior to his visa application and nominated the occupation of Chef (ANZSCO 351311).

The Tribunal's reasoning focused on the requirement that the applicant's qualification must be closely related to their nominated occupation. In this instance, the Tribunal found that the Diploma of Management was not closely related to the occupation of Chef. Consequently, the applicant did not meet the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.