Wong (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream, by an applicant who nominated the occupation of Accountant (General). The applicant sought review of a decision by the Department of Immigration and Border Protection to refuse her visa application.

The primary legal issues before the Tribunal were whether the applicant satisfied the Australian study requirement under cl.485.221 of Schedule 2 to the Regulations, which mandates completion of a course within the six months preceding the visa application date, and whether the qualifications used to satisfy this requirement were closely related to the nominated occupation under cl.485.222. The applicant's nominated occupation was Accountant (General) (ANZSCO Code 221111), and her claimed Australian qualifications were a Bachelor of Commerce and a Master of Financial Analysis from the University of New South Wales.

The Tribunal found that the applicant met the requirement under cl.485.221. While the Department had been unsatisfied with the evidence regarding the completion date of the Master of Financial Analysis, the applicant subsequently provided a degree award dated 31 July 2015 and a letter from the university dated 14 October 2015. The Tribunal concluded that these documents, in conjunction with the visa application date, demonstrated that the Master of Financial Analysis was completed within the six months immediately preceding the day before the visa application was made.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfies the criterion under cl.485.221. The Tribunal did not make findings on the remaining criteria for the visa.