Chan (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream, by an applicant who nominated the occupation of Accountant (General). The applicant sought to satisfy the primary criteria for the visa, specifically clause 485.221 of Schedule 2 to the Regulations, which requires that the applicant must have satisfied the ‘Australian study requirement’ in the six months immediately preceding the day the visa application was made.

The central legal issue before the Tribunal was whether the applicant had met the requirements of clause 485.221. The applicant had provided documentation indicating completion of a Bachelor of Commerce degree at the Australian National University. However, the Department of Immigration and Border Protection had been unsatisfied that the completion date of the degree fell within the six-month period immediately preceding the visa application date of 10 June 2015.

The Tribunal considered the evidence provided by the applicant, including an award and program summary, an ANU letter certifying completion, and subsequent letters from ANU confirming the date of approval to graduate. The Tribunal found that the applicant had met the requirements of clause 485.221, concluding that the applicant had completed the Bachelor of Commerce degree within the requisite six-month period before the visa application. Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria.