SHARMA (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Sharma for a Subclass 485 visa in the Graduate Work stream. The core of the dispute concerned whether Mr. Sharma met the primary criteria for this visa, specifically the "Australian study requirement" and the requirement that his qualifications be closely related to his nominated skilled occupation.

The Tribunal was tasked with determining if Mr. Sharma had satisfied the Australian study requirement, as defined by regulation 1.15F(1), which involves completing registered courses in Australia over a minimum duration and academic year count, undertaken while holding a study-authorising visa. Additionally, the Tribunal had to assess whether the qualifications relied upon for this requirement were closely related to his nominated skilled occupation, as stipulated by clause 485.222.

The Tribunal reasoned that Mr. Sharma had met the Australian study requirement. It noted his enrolment at James Cook University and subsequently at Holmes Institute, where he received transfer credits for units previously passed. The Tribunal found that the courses undertaken and the credits awarded satisfied the criteria for completion of degrees and diplomas, and that the total duration and academic year count met the threshold set out in the regulations. Consequently, the Tribunal concluded that Mr. Sharma had satisfied both clauses 485.221 and 485.222.

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with a direction that Mr. Sharma had met the criteria under clauses 485.221 and 485.222 of Schedule 2 to the Regulations.