XIAO (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning Ms. Xiao's application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. Ms. Xiao did not appear at the hearing, despite receiving multiple notifications via email and SMS, and provided no explanation for her absence. The Tribunal proceeded to make a decision based on the available evidence.

The central legal issue before the Tribunal was whether Ms. Xiao satisfied the requirement under clause 485.222 of Schedule 2 to the Migration Regulations 1994, which mandates that any degree, diploma, or trade qualification used to meet the Australian study requirement must be closely related to the applicant's nominated skilled occupation. Ms. Xiao nominated the occupation of Accountant (General) ANZSCO 221111 and provided a skills assessment from Chartered Accountants Australia confirming her suitability for this role, noting her Bachelor of Commerce (Accounting) as a suitable qualification. However, she also presented a Master of Marketing degree from UTS, undertaken after her Bachelor's degree.

The Tribunal considered Ms. Xiao's submission that her Master of Marketing degree, while not directly accounting-focused, would enhance her career prospects in accounting by providing skills in communication, sales management, and strategic marketing, which she argued were essential for understanding the success of marketing campaigns and preparing future budgets. She also stated a future career plan to progress into marketing management roles. However, the Tribunal found that the Master of Marketing degree was not closely related to the nominated occupation of Accountant (General) as required by the regulations. The skills assessment specifically identified her Bachelor of Commerce (Accounting) as the relevant qualification.

Consequently, the Tribunal concluded that Ms. Xiao did not satisfy the criteria for the grant of a Subclass 485 visa. The decision under review, which was not to grant the visa, was affirmed.