Amal Dev (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – post-study work stream, brought before the Administrative Appeals Tribunal. The applicant, Amal Dev, sought review of a decision concerning their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the Australian study requirement as stipulated by clause 485.231 of the Migration Regulations 1994. This clause requires that the applicant hold a specified qualification awarded by a specified educational institution and have satisfied the Australian study requirement within a particular timeframe relative to their visa application date. The Tribunal was required to determine if clause 485.231 applied to the applicant and, if so, whether the applicant met its specific criteria, including the timing of their qualification conferral or award.

The Tribunal found that clause 485.231 did apply to the applicant, as they did not meet the criteria for alternative clauses (485.232 to 485.235). It was established that the applicant held a Master of Engineering (Engineering Management) from the University of South Australia, both of which were specified in the relevant ministerial instruments. The Tribunal also considered the applicant's presence outside Australia between 1 January 2020 and 16 February 2020, which was relevant to the alternative 12-month timeframe for meeting the Australian study requirement.

Consequently, the Tribunal concluded that the applicant met the criteria under clause 485.231. The matter was remitted to the Minister for reconsideration of the remaining visa criteria.