1513809 (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream. The central dispute revolved around whether the applicant met the 'Australian study requirement', which mandates completion of a course within the six months immediately preceding the visa application date.

The tribunal was required to determine the precise date on which the applicant completed her Master's Degree, as this date was critical for assessing compliance with the six-month timeframe stipulated by clause 485.221 of Schedule 2 to the Regulations. The applicant contended she met the requirement, while the decision under review had found otherwise.

In its reasoning, the tribunal applied the principle established in *Sapkota v MIAC* [2012] FCA 981, which holds that the completion date of a course is the date on which the educational institution finalises the academic results and is satisfied that the requirements have been met, rather than the date the student is informed of the outcome. The tribunal found, based on documentary evidence including a letter from Victoria University, that the applicant completed her Master's Degree on 29 June 2015. However, the tribunal also noted that the applicant lodged her visa application on the same day, 29 June 2015. This meant the applicant did not satisfy the Australian study requirement in the six months *immediately before* the day the visa application was made.

Consequently, the tribunal affirmed the decision not to grant the applicant a Subclass 485 visa.