Agrawal (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream. The central dispute concerned whether the applicant had satisfied the Australian study requirement for the visa.

The Tribunal was required to determine if the applicant met the criteria for the Subclass 485 visa, specifically focusing on clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must hold a specified qualification conferred by a specified educational institution and have satisfied the Australian study requirement within the six months immediately preceding the visa application. The Tribunal also had to consider the definition of "completed" in relation to a qualification, which means meeting the academic requirements for its award.

The Tribunal found that the applicant held a Master of Engineering qualification awarded by the University of Melbourne, both of which were specified in the relevant legislative instruments. The primary issue was the timing of the completion of the applicant's studies. While the academic transcript indicated completion after the visa application date, the Tribunal considered further university evidence that established an earlier completion date, satisfying the academic requirements for the award. Consequently, the Tribunal concluded that the applicant met the requirements of clause 485.231.

The Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant had met the criterion specified in clause 485.231 of Schedule 2 to the Regulations.