Castro Valdivieso (Migration)

The Administrative Appeals Tribunal considered the application of Mr Castro Valdivieso for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – post-study work stream. The central dispute concerned whether Mr Castro Valdivieso met the Australian study requirement for the visa, specifically that his specified qualification was completed within the six months immediately preceding his visa application.

The Tribunal was required to determine whether Mr Castro Valdivieso held a qualification specified by the Minister, whether that qualification was conferred by a specified educational institution, and crucially, whether his study for that qualification satisfied the Australian study requirement within the six months prior to his visa application. The definition of "completed" in relation to a qualification, as well as the meaning of an "academic year" for the purposes of the Australian study requirement, were also relevant considerations.

The Tribunal found that Mr Castro Valdivieso held a Master of Business Administration, which was a specified qualification, and that it was awarded by Kaplan Business School Australia, a specified educational institution. The Tribunal concluded that the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations. However, the Tribunal noted that a completion letter provided to the Department was dated after the application was made, while a further letter provided to the Tribunal stated completion the day before the application. Despite this, the Tribunal found that the applicant met the criterion under cl 485.231.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that Mr Castro Valdivieso met the criterion specified in clause 485.231 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.