CUDIAMAT (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, by an applicant seeking to satisfy the Australian study requirement. The dispute centred on whether the applicant had met this requirement within the six months immediately preceding the date of her visa application, as stipulated by clause 485.221 of Schedule 2 to the Regulations. The decision was made by Roslyn Smidt, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied the Australian study requirement, specifically whether the completion of her courses occurred within the relevant six-month period prior to her visa application. This involved interpreting the definition of "completed" in relation to a qualification, which, under regulation 1.15F(2), means having met the academic requirements for its award. The Tribunal had to reconcile two documents from the applicant's educational institution that appeared to provide conflicting completion dates for her Diploma in Early Childhood Education and Care.

The Tribunal reasoned that the applicant had met the general criteria for the Australian study requirement, having completed a Certificate III and a Diploma from an Australian institution, with both courses registered, exceeding the minimum duration and academic year requirements, conducted in English, and undertaken while holding a study-authorised visa. The crucial point was the timing of completion. The applicant provided a statement of course completion dated after her visa application, but also a document dated prior to the application indicating she had fulfilled all academic requirements for the diploma. The Tribunal accepted the applicant's explanation that the latter document represented the actual fulfilment of academic requirements, thus satisfying the definition of "completed" within the specified timeframe. Consequently, the Tribunal found that the applicant met clause 485.221.

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with the direction that the applicant had met the Australian study requirement under clause 485.221.