Saqib (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review by Mr Saqib (the applicant) of a decision not to grant him a Skilled (Provisional) (Class VC) visa, subclass 485, Graduate Work stream. The applicant had nominated his occupation as Welder (First Class) and relied on a Diploma of Business and a Certificate IV in Engineering to satisfy the Australian study requirement.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether he satisfied the Australian study requirement within the six months preceding his visa application, and whether each qualification used to satisfy this requirement was closely related to his nominated skilled occupation. The latter required the skills obtained from the qualification to be directly transferable to the nominated occupation in terms of subject matter and level.

The Tribunal found that the applicant's Certificate IV in Engineering was completed more than six months before his visa application, meaning he did not satisfy clause 485.221 of the Regulations. Furthermore, regarding the Diploma of Business, the Tribunal concluded that the skills acquired were not directly transferable to the occupation of Welder (First Class) as required by clause 485.222. Consequently, the Tribunal affirmed the decision not to grant the visa.