ALRABABAH (Migration)

The Administrative Appeals Tribunal (AAT) considered a review application concerning a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – post-study work stream. The applicant sought review of a decision relating to their eligibility for this visa. The secondary applicant, Zhendong Lan, was included in the application as a member of the family unit, but his own visa matters were not yet constituted to a member for review.

The central legal issue before the Tribunal was whether the applicant satisfied the 'Australian study requirement' as defined by clause 485.231 of the Migration Regulations 1994. This clause mandates that an applicant must hold a qualification specified by the Minister, 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 considered the applicant's evidence regarding their de facto relationship with Mr Lan and their respective visa statuses.

The Tribunal found that the applicant met the requirements of clause 485.231. The applicant provided oral evidence regarding their qualifications and relationship status, and the Tribunal noted that while the applicant's knowledge of Mr Lan's visa status was a point of concern, it did not detract from the applicant's eligibility under clause 485.231. The Tribunal was satisfied that the applicant held a qualification of the specified kind and had met the Australian study requirement.

Consequently, the Tribunal remitted the applications for Skilled (Provisional) (Class VC) visas to the Minister for reconsideration. The direction was that the first named applicant meets the criterion specified in clause 485.231 of Schedule 2 to the Regulations, with the Minister to consider the remaining criteria for the visa.