Ali (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, before the Administrative Appeals Tribunal. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the Australian study requirement, specifically clause 485.231(1) of the Migration Regulations 1994, which requires the applicant to hold a qualification of a kind specified by the Minister.

The Tribunal noted that the applicant had failed to provide any evidence of study, including transcripts or a completion letter from an Australian educational provider, despite requests from both the delegate and the Tribunal. As no supporting evidence was presented to demonstrate that the applicant held a specified qualification, the Tribunal was not satisfied that the applicant met the criteria under clause 485.231(1). Consequently, the applicant did not satisfy the requirements for the grant of a Subclass 485 visa.

The Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.