Serrano Duran (Migration)

The Administrative Appeals Tribunal considered 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 Migration Regulations 1994, which relate to the Australian study requirement and the close relationship between the applicant's qualification and their nominated occupation.

The Tribunal was required to determine whether the applicant met the Australian study requirement, as defined by regulation 1.15F(1), and whether the qualifications relied upon were closely related to the applicant's nominated skilled occupation. The applicant presented a Diploma of Project Management and an Advanced Diploma in Program Management, completed within a 22-month period between February 2017 and December 2018. These qualifications were registered courses, delivered in English, undertaken in Australia while the applicant held a student visa, and aggregated 98 academic weeks of study, exceeding the minimum requirement of two academic years.

The Tribunal found that the applicant had satisfied the Australian study requirement under clause 485.221. Furthermore, it addressed an administrative error concerning a Certificate IV in Project Management Practice, confirming through correspondence from the educational institution that the applicant had indeed completed the BSB51415 Diploma of Project Management. The Tribunal concluded that the applicant also met the criteria under clause 485.222, finding the qualifications to be closely related to the nominated occupation. Consequently, the Tribunal remitted the applications for reconsideration with a direction that the first applicant met both specified criteria.