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Points Test Visa Refusal:
Migration Tribunal Reasons

Matter Refused: Points Test Visa

This decision considered relevance to occupation.

The applicant applied for a points test based subclass 880 (Skilled - Independent Overseas Student) visa, which a delegate of the Immigration Department refused to grant because it was not satisfied that the applicant's Diploma and Master of Commerce (Electronics Business) were relevant to the skilled occupation of Pastry Cook. This is not a matter our firm handled.

The delegated case officer found that the applicant did not meet the requirements of Item 1128CA(3)(l) of Schedule 1 to the Migration Regulations 1994 (the Regulations) for the purposes of cl.880.215 of Schedule 2 to the Regulations.

On review, the applicant claimed that there was no clear definition of the word 'relevant' and it should be interpreted according to current Departmental policy.

Further, it was claimed the applicant's electronic business studies had strong relevance to the occupation of Pastry Cook because it enabled a bakery/pastry shop owner to efficiently manage across different pasty cooking processes through an internet enabled online presence. The applicant claimed, too, could apply her knowledge to supervise and manage across different functions such as production, marketing, stoking/supply, human resources and accounting in a small to medium sized bakery/pastry business.

Held: Decision under review set aside.

On review Immigration Department policy was considered: it was found that a broad interpretation of the definition of 'relevant' in this case applied in the context of cl.880.215. Further, it was found the applicable legislation was consistent with policy, and that it was appropriate in the circumstances to be guided by policy.

Furthermore, it was found that the 'skill set' underpinning the qualification of her electronic business degree was satisfied in that could be utilised to develop, operate and manage an online pastry business and complemented the applicant's nominated occupation of Pastry Cook.

It therefore was concluded that the applicant had established that each of the qualifications mentioned in subparagraph 1128CA(3)(i) or (ii) of Schedule 1 were relevant to the skilled occupation. Accordingly, it was held that the applicant met cl.880.215 for the grant of the visa.

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