TANTIRITTISAK (Migration)

The Administrative Appeals Tribunal considered the case of Tantirittisak, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The dispute centred on whether the applicant met the requirements for the Australian study requirement and the close relationship between their qualification and nominated occupation.

The Tribunal was required to determine if the applicant satisfied the Australian study requirement as defined by regulation 1.15F(1), which involves completing registered courses in Australia over a specified period, with instruction in English, while holding a study-authorised visa. Additionally, the Tribunal had to assess whether the applicant's Master of Business degree, with a specialisation in Marketing, was closely related to their nominated occupation of Internal Auditor, as required by clause 485.222.

The Tribunal found that the applicant had completed a Master of Business degree and a Bachelor of Arts degree from Monash University, meeting the criteria for the Australian study requirement, including completion within the specified timeframe, duration, and language of instruction. Regarding the close relationship between the qualification and occupation, the Tribunal noted that more than half of the Master of Business units were in Finance, Economics, and Accounting. While the specific reasoning on the "closely related" aspect is not fully detailed, the Tribunal concluded that the applicant met both clause 485.221 and 485.222.

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