Zhang (Migration)

Case

[2018] AATA 5126

18 December 2018


Details
AGLC Case Decision Date
Zhang (Migration) [2018] AATA 5126 [2018] AATA 5126 18 December 2018

CaseChat Overview and Summary

The applicant, Mr Zhang, sought review of a decision not to grant him a Skilled (Provisional) (Class VC) visa, specifically under the Graduate Work stream. The dispute centred on whether Mr Zhang met the Australian study requirement for this visa subclass, given his completed qualifications and nominated occupation. The decision was made by Senior Member Kira Raif of the Tribunal.

The primary legal issue before the Tribunal was whether Mr Zhang's qualifications, namely a Diploma of Interpreting and an Advanced Diploma of Translating, were sufficiently closely related to his nominated occupation of Accountant (General) (ANZSCO 221111) to satisfy the Australian study requirement for the Subclass 485 visa.

The Tribunal found that the applicant's completed qualifications were not closely related to his nominated occupation as an accountant. Consequently, Mr Zhang did not satisfy the criteria for the grant of the visa. The Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.
Details

Areas of Law

  • Immigration

  • Administrative Law

Legal Concepts

  • Judicial Review

  • Statutory Construction

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

0

Walia v MIBP [2015] FCCA 1949
Talha v MIBP [2015] FCAFC 115
Constantino v MIBP [2013] FCA 1301