Undag (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking to satisfy the primary criteria for a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream. The applicant nominated the occupation of registered nurse. The core dispute revolved around whether the applicant met the requirements of Schedule 2 to the Regulations, specifically that each degree, diploma, or trade qualification used to satisfy the Australian study requirement must be closely related to the applicant’s nominated skilled occupation.

The Tribunal was required to determine if the applicant's qualifications were "closely related" to the nominated occupation of registered nurse, as stipulated by clause 485.222 of Schedule 2 to the Regulations. This clause mandates that any qualification used to satisfy the Australian study requirement must have a close connection to the nominated skilled occupation. The applicant had completed a Bachelor of Nursing, which was closely related to the nominated occupation, but this qualification was not completed within the six months immediately preceding the visa application date. Consequently, the applicant relied on a Diploma of Leadership and Management, completed more recently, to satisfy the Australian study requirement.

The Tribunal reasoned that its task was to assess the relationship between the qualification and the nominated occupation, not the applicant's career aspirations. While the applicant was working as a registered nurse and expressed a desire to become a nurse unit manager, the Tribunal focused on the content of the Diploma of Leadership and Management. The applicant's description of her duties, including supervising carers and considering budgets for patient needs, did not demonstrate a close relationship between the leadership and management qualification and the core functions of a registered nurse. The Tribunal concluded that the applicant had not satisfied the criteria for the grant of a Subclass 485 visa.

The Tribunal affirmed the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.