Tiradentes Leonel Filho (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to refuse to grant a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Graduate Work stream, to Mr Tiradentes Leonel Filho. The applicant sought to satisfy the primary criteria for the visa, which included meeting the Australian study requirement and ensuring that any qualifications used to satisfy this requirement were closely related to his nominated skilled occupation.

The core legal issues before the Tribunal were whether the applicant met the requirements of cl 485.221 and cl 485.222 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had satisfied the Australian study requirement in the six months prior to his visa application, and crucially, whether each degree, diploma, or trade qualification he relied upon was closely related to his nominated occupation of Engineering Technologist (ANZSCO Code: 233914). The delegate's refusal was based on the finding that the applicant's Certificate IV and Diploma of Leadership and Management were not closely related to this nominated occupation.

The Tribunal reasoned that the matter should be remitted for reconsideration. While the applicant had provided evidence of completing relevant engineering qualifications in Brazil and undertaking studies in Australia, including a Diploma of Project Management and a Diploma of Leadership and Management, the delegate had concluded these latter qualifications were not closely related to the nominated occupation. The Tribunal's decision to remit indicates that it found grounds to reconsider the delegate's assessment of the relationship between the applicant's Australian qualifications and his nominated occupation, suggesting a potential error in the initial determination of cl 485.222.

Consequently, the Tribunal remitted the applications for Skilled (Provisional) (Class VC) visas for reconsideration. The Tribunal directed that the first named applicant, Mr Tiradentes Leonel Filho, be considered to meet both cl 485.221 (the Australian study requirement) and cl 485.222 (the close relationship of qualifications to nominated occupation) of Schedule 2 to the Regulations.