Yu (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant's eligibility for this visa was contested.

The Tribunal was required to determine whether the applicant met the primary criteria for the visa, specifically cl.485.221 and cl.485.222 of Schedule 2 to the Regulations. These clauses mandate that an applicant must have satisfied the ‘Australian study requirement’ in the six months preceding the visa application and that any qualifications used to meet this requirement must be closely related to the applicant’s nominated skilled occupation.

The Tribunal found that the applicant did not satisfy the Australian study requirement. While the applicant had completed several registered courses in Australia, including an Advanced Diploma of Translation, a Master of Professional Accounting, and a Bachelor of Business and Commerce, the Tribunal concluded that these qualifications, when considered together, did not meet the criteria for the ‘Australian study requirement’ as defined by r.1.15F(1) of the Regulations. The applicant's nominated occupation was accountant, and the Tribunal implicitly found that the qualifications were not closely related to this occupation, nor did the applicant meet the Australian study requirement. Consequently, the Tribunal affirmed the decision not to grant the visa.