Rezende Souza E Silva (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically clauses 485.221 and 485.222 of Schedule 2 to the Regulations. The dispute centred on whether the applicant met these requirements, which necessitate having satisfied the 'Australian study requirement' in the six months prior to the visa application and that each qualification used to meet this requirement must be 'closely related' to the applicant's nominated skilled occupation. The decision was made by Warren Stooke AM.

The legal issues before the Tribunal were whether the applicant had satisfied the Australian study requirement and, crucially, whether the applicant's qualification, an Advanced Diploma of Program Management, was closely related to the nominated occupation of Mechanical Engineer. The applicant provided evidence of various qualifications, including a Bachelor of Engineering from Brazil, an Advanced Diploma of Program Management from an Australian college, and a skills assessment from Engineers Australia for the occupation of Mechanical Engineer. The Tribunal was required to assess the relationship between the Australian qualification and the nominated occupation in light of the ANZSCO descriptor for Mechanical Engineer.

The Tribunal reasoned that the applicant had met the requirements of clause 485.221 and clause 485.222. While the specific reasoning for this finding is not detailed in the provided text, it is evident that the Tribunal considered the applicant's Australian study and its relevance to the nominated occupation. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with the direction that the applicant had met the specified criteria. The Tribunal's final order was to remit the applications for Skilled (Provisional) (Class VC) visas for reconsideration, with the finding that the applicant met the criteria under clauses 485.221 and 485.222.