SONGPHANKHOTCHASAN (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Mr. Songphankhotchasan. The dispute centred on whether the applicant met the primary criteria for the visa, specifically the Australian study requirement and the requirement that his qualification be closely related to his nominated occupation. The applicant sought to satisfy these criteria through a Certificate IV in Leadership and Management, alongside previous qualifications in Commercial Cookery and Hospitality.

The legal issues before the Tribunal were whether the applicant had satisfied the Australian study requirement under regulation 1.15F(1) and whether his qualification was closely related to his nominated occupation as a Chef, as required by clause 485.222 of Schedule 2 to the Regulations. The Tribunal was required to assess the applicant's completed courses against the definitions of "completed," "academic year," and the overall duration and registration requirements for courses to meet the Australian study requirement. Furthermore, it needed to determine if the units of study within the Certificate IV in Leadership and Management had a sufficient correlation with the skills described in the ANZSCO definition of a Chef.

The Tribunal reasoned that the applicant had provided evidence of completing a Certificate IV in Leadership and Management, which was a registered course undertaken in Australia for a sufficient duration to meet the requirements of clause 485.221. In relation to clause 485.222, the Tribunal considered the applicant's submissions and oral evidence, which outlined the correlation between the subjects studied in his Certificate IV and the skills required for a Chef, noting that leadership and management are often integral to the role. Based on this assessment, the Tribunal concluded that the applicant met both criteria.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for reconsideration by the Minister, with the direction that the applicant had met the requirements of clauses 485.221 and 485.222.