D Couto (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa, post-study work stream. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must hold a specified qualification, conferred by a specified educational institution, and that their study for that qualification must have satisfied the 'Australian study requirement' within the six months immediately preceding the visa application.

The Tribunal considered the evidence provided, including a letter and academic transcript from an Australian university, which confirmed the date the applicant's Master of Applied Linguistics course was completed. The Tribunal found that the applicant held a qualification specified by the Minister and that it was awarded by an institution specified by the Minister. Furthermore, the Tribunal determined that the applicant's study met the definition of the 'Australian study requirement' as set out in regulation 1.15F(1), which includes criteria such as completion of registered courses over a specified duration, undertaken in Australia while holding a study-authorised visa.

Consequently, the Tribunal remitted the applications for reconsideration. The direction was that the first named applicant met the criterion under clause 485.231 for a Subclass 485 visa. The claims of the second and third named applicants were also to be reassessed by the Department.