Ali (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate), post-study work stream. The applicant sought review of a decision that had not been made in accordance with the law. The Tribunal was required to determine whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue was whether the applicant had satisfied the "Australian study requirement" within the six months immediately preceding the visa application. This involved determining when the applicant's academic requirements for their Master's degree in Engineering were considered to have been met, given that the letter of completion was dated after the visa application was lodged. The Tribunal also considered whether the applicant held a specified qualification conferred by a specified educational institution.

The Tribunal reasoned that the definition of "completed" in relation to a qualification, as per regulation 1.15F(2), refers to having met the academic requirements for its award. It found that the applicant had met these academic requirements when they achieved the necessary results, not after administrative steps such as the issuance of a formal letter of completion. As the applicant's qualification was conferred by a specified institution and met the criteria for the Australian study requirement, the Tribunal concluded that clause 485.231 was satisfied.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant met the criterion specified in clause 485.231.