Xue (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by an applicant seeking to satisfy the primary criteria under clauses 485.221 and 485.222 of Schedule 2 to the Regulations. The dispute centred on whether the applicant had met the Australian study requirement and whether the qualifications obtained were closely related to the applicant's nominated skilled occupation.

The legal issues before the Tribunal were whether the applicant had satisfied the Australian study requirement in the six months prior to the visa application, and whether each degree, diploma, or trade qualification used to meet this requirement was closely related to the applicant's nominated skilled occupation. The applicant had completed a Bachelor of Nursing and diplomas in Interpreting, and sought to have their application reviewed for the nominated occupation of Registered Nurse (Aged Care).

The Tribunal reasoned that the applicant's Bachelor of Nursing qualification was recognised by the Australian Nursing and Midwifery Accreditation Council (ANMAC) as commensurate with an Australian Bachelor degree for migration purposes. Furthermore, the Tribunal considered the applicant's work experience in aged care, where their interpreting skills were utilised to facilitate communication between residents, families, and medical professionals. The Tribunal concluded that the applicant's interpreting skills were complementary to their nursing qualifications and were used in their aged care employment.

Consequently, the Tribunal found that the applicant met the requirements of clauses 485.221 and 485.222 of Schedule 2 to the Regulations. The Tribunal remitted the visa application to the Minister for reconsideration, with the direction that these specific criteria had been met.