Chongo (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa, post-study work stream. The applicant sought to have the decision of the Department affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of the Migration Regulations 1994, specifically concerning the Australian study requirement for the Subclass 485 visa. This involved determining whether the applicant held a specified qualification conferred by a specified educational institution and whether this qualification was completed within the prescribed timeframe relative to the visa application date. The Tribunal also considered whether the applicant qualified for an exception to the standard timeframe due to being outside Australia during a specific period.

The Tribunal found that while the applicant held a Bachelor of Engineering (Civil) Honours from Edith Cowan University, which were specified qualifications and institutions, the critical issue was the timing of the qualification's completion. The applicant's university records indicated that regular units were completed and results received, with an initial expected completion date prior to the visa application. However, a subsequent letter from the university provided a completion date after the application was lodged, and a delay in completing a practicum was also noted. The Tribunal determined that the applicant did not satisfy the Australian study requirement within the 6 months immediately before the visa application was made, nor did they meet the criteria for the extended 12-month period due to being outside Australia during the relevant period.

Consequently, the Tribunal concluded that the applicant did not meet the criteria for the Subclass 485 visa. The decision under review was therefore affirmed.