UPADHYAY (Migration)

The Administrative Appeals Tribunal considered the case of Mr Upadhyay, who sought to satisfy the primary criteria for a Subclass 485 (Temporary graduate) visa in the Graduate Work stream. The dispute centred on whether Mr Upadhyay met the requirements of clauses 485.221 and 485.222 of Schedule 2 to the Migration Regulations 1994, specifically concerning the Australian study requirement and the relationship between his qualifications and his nominated occupation.

The Tribunal was required to determine two key legal issues. Firstly, whether Mr Upadhyay satisfied the ‘Australian study requirement’ as defined by regulation 1.15F(1) of the Regulations, which involves completing registered courses in Australia over a specified period. Secondly, and crucially, the Tribunal had to ascertain whether each degree, diploma, or trade qualification relied upon to meet the Australian study requirement was closely related to his nominated skilled occupation of Developer Programmer, as stipulated by clause 485.222.

In its reasoning, the Tribunal examined the evidence presented, including Mr Upadhyay's Advanced Diploma of Marketing, Advanced Diploma of Management, and Advanced Diploma of Network Security, alongside a Diploma of Information Technology. While Mr Upadhyay's representative argued that his Advanced Diploma of Marketing was closely related to his nominated occupation, the Tribunal ultimately concluded that this was not the case. The Tribunal affirmed the decision under review, finding that the qualifications, particularly the Advanced Diploma of Marketing, were not sufficiently closely related to the nominated occupation of Developer Programmer to satisfy the visa criteria.