Chhabra (Migration)

This matter concerned an appeal by Mr Chhabra against a decision to refuse his application for a Skilled (Provisional) (Class VC) visa, specifically the Post-Study Work stream of the Subclass 485 visa. The core dispute revolved around whether Mr Chhabra satisfied the Australian study requirement as stipulated by clause 485.231(3) of the Migration Regulations 1994. The decision was made by Member Mary Sheargold of the Tribunal.

The primary legal issue before the Tribunal was to determine whether Mr Chhabra met the Australian study requirement within the specified timeframe. This requirement mandates that an applicant must have satisfied the Australian study requirement in the six months immediately preceding their visa application date, or in the twelve months if they were outside Australia during a specific period in 2020. The Tribunal also had to consider the definitions of terms such as "completed" a course, "academic year," and the overall criteria for satisfying the Australian study requirement, including the duration and nature of the study undertaken.

The Tribunal's reasoning focused on the definition of "completed" a degree, which means meeting the academic requirements for its award. Mr Chhabra's Master of Engineering (Telecommunications) degree was undertaken from July 2019, with assessments completed on 9 November 2020. His visa application was lodged on 31 December 2020. A completion letter from his institution dated 20 January 2021 stated the course was completed on 18 January 2021. The Tribunal granted Mr Chhabra an extension to provide further evidence that his course was completed within the six months prior to his application, but no additional evidence was provided by the deadline. Consequently, the Tribunal found that clause 485.231(3) was not met.

Based on these findings, the Tribunal concluded that Mr Chhabra did not satisfy the criteria for the grant of a Subclass 485 visa. Accordingly, the decision under review, which refused the visa application, was affirmed.