Court Provides Guidance On Criteria For 485 Visas

This is a question that is of obvious importance to students who wish to remain in Australia to work for a period of time after they have completed their studies.

And it is of particular consequence to students who wish to nominate an occupation in their 485 applications that do not correspond exactly, or entirely, with the courses that they have taken in Australia.

What, then, precisely, do the words “closely related” as used in clause 485.222, actually mean?

Some answers to these questions can be found in a decision that was handed down by Judge Manousaridis of the Federal Circuit Court in the case of Tobon v Minister for Immigration & Anor (2014) FCCA 2208 (26 September 2014).

The decision means that there does not have to be a direct “overlap” or “match” between the subject matter of the course and the nominated skilled occupation in order for an applicant to be able to qualify for a Temporary Graduate visa. All that is necessary is that the skills that are gained through the Australian study must be capable of being used for more than a small part of the skilled occupation.

Contact us for an assessment of your individual circumstances.

Email: [email protected]

Phone: +61 7 3876 4000

Book a free consultation today and let us help you find a way forward.