Sathian (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, by Mr. Sathian. The dispute centred on whether Mr. Sathian met the criteria for the Graduate Work stream of this visa, specifically concerning the Australian study requirement and the relationship between his qualification and nominated occupation. The decision was made by Member Mary Sheargold of the Tribunal.

The legal issues before the Tribunal were whether Mr. Sathian satisfied the 'Australian study requirement' as defined in the Regulations, and whether the qualification he relied upon, an Advanced Diploma of Hospitality Management (Commercial Cookery), was 'closely related' to his nominated skilled occupation as a Chef. The Regulations stipulated that the Australian study requirement involves completing registered courses in Australia, totalling at least 16 calendar months and two academic years of study, with all instruction in English, undertaken while holding a study-authorising visa.

The Tribunal reasoned that Mr. Sathian had provided evidence of completing a Certificate III in Commercial Cookery, a Certificate IV in Commercial Cookery, and an Advanced Diploma of Hospitality Management. While the delegate had raised concerns about the precise completion date for the Advanced Diploma, the Tribunal found that the course completion letter indicated completion in December 2020, which was sufficient given the visa application date of March 2021. The Tribunal concluded that Mr. Sathian met the requirements of both clause 485.221 (Australian study requirement) and clause 485.222 (qualification closely related to nominated occupation).

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration, with the direction that Mr. Sathian met the criteria under cl 485.221 and cl 485.222 of Schedule 2 to the Regulations.