Vergel Osorio (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant, a Petroleum Engineer, sought to satisfy the criteria for this visa, which included meeting the Australian study requirement and ensuring that any qualifications used to meet this requirement were closely related to their nominated occupation. The decision under review was made by the Tribunal.

The central legal issues before the Tribunal were whether the applicant had satisfied the Australian study requirement within the six months preceding their visa application, and crucially, whether the Diploma of Leadership and Management and the Advanced Diploma of Leadership and Management, completed in Australia, were "closely related" to the applicant's nominated occupation of Petroleum Engineer. The applicant contended that these management studies provided skills relevant to project work in an office environment, as opposed to field work.

The Tribunal considered the applicant's qualifications, including a Bachelor's degree in Petroleum Engineering obtained overseas and the Australian-based diplomas in Leadership and Management. It also noted the applicant's skills assessment from Engineers Australia confirming their suitability as a Petroleum Engineer. The Tribunal ultimately concluded that the applicant had met the criteria for the Subclass 485 visa, including both the Australian study requirement and the requirement that their qualifications were closely related to their nominated occupation.

Consequently, the Tribunal remitted the applications for reconsideration with a direction that the primary applicant met the specified criteria for the Subclass 485 visa, including clauses 485.221, 485.222, and 485.311 of Schedule 2 to the Regulations. This implied that the secondary applicant, as a member of the family unit, also met the relevant criteria.