Yousaf (Migration)

The Administrative Appeals Tribunal considered an application by Mr Yousaf for a Subclass 485 (Temporary Graduate) visa. Mr Yousaf sought to satisfy the primary criteria for this visa, specifically the Graduate Work stream, which requires the applicant to have met the 'Australian study requirement' within the six months preceding their visa application and for each qualification used to meet this requirement to be 'closely related' to their nominated skilled occupation. The delegate had refused the visa application on the grounds that the applicant's qualification was not closely related to their nominated occupation.

The central legal issue before the Tribunal was whether the applicant's Advanced Diploma of Leadership and Management was 'closely related' to their nominated skilled occupation of Painting Trades Worker (ANZSCO 332211), as required by clause 485.222 of Schedule 2 to the Migration Regulations. The Tribunal had to determine if the qualification met the definition of being closely related to the nominated occupation, considering the ANZSCO description for Painting Trades Worker.

The Tribunal reasoned that for a qualification to be considered 'closely related' to a nominated skilled occupation, it must have a direct and relevant connection to the skills and duties of that occupation. The Tribunal noted that the ANZSCO description for Painting Trades Worker did not include any leadership or management-related skills. While acknowledging that a qualification in leadership and management might be beneficial for future career plans, such as starting a business, the Tribunal found that this potential benefit was insufficient to establish that the qualification was 'closely related' to the nominated occupation itself. Therefore, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of the visa.

The Tribunal affirmed the delegate's decision not to grant Mr Yousaf a Skilled (Provisional) (Class VC) visa.