Ribeiro Holanda Lima (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream. The dispute centred on whether the applicant met the requirements of clauses 485.221 and 485.222 of Schedule 2 to the Regulations, specifically the 'Australian study requirement' and the close relationship between the applicant's qualifications and their nominated skilled occupation.

The legal issues before the Tribunal were whether the applicant had satisfied the 'Australian study requirement' in the six months preceding the visa application, and whether each degree, diploma, or trade qualification used to satisfy this requirement was closely related to the applicant's nominated occupation of Mechanical Engineer (ANZSCO 233512). The Tribunal was required to interpret the definitions of terms such as 'completed', 'academic year', and 'registered course' as provided in the Regulations and relevant ministerial instruments.

The Tribunal found that the applicant met the 'Australian study requirement' under regulation 1.15F(1). This was based on evidence that the applicant completed two registered courses, the Advanced Diploma of Program Management and the Diploma of Project Management, at Clarendon Business College. These courses were completed over a total of at least 16 calendar months, as a result of at least two academic years of study, with all instruction conducted in English, and undertaken while the applicant held a visa authorising study. The Tribunal was satisfied that the applicant met the definition of 'completed' in relation to these qualifications, having met the academic requirements for their award.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant meets the criteria set out in clauses 485.221 and 485.222 of Schedule 2 to the Regulations.