Dang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, subclass 485, in the Graduate Work stream. The applicant's eligibility for this visa was contested, specifically concerning whether they met the primary criteria outlined in clauses 485.221 and 485.222 of Schedule 2 to the Migration Regulations 1994. These criteria require the applicant to have satisfied the 'Australian study requirement' within the six months immediately preceding their visa application, and for the qualification obtained to be closely related to their nominated skilled occupation.

The central legal issue before the Tribunal was whether the applicant had fulfilled the 'Australian study requirement' as defined by regulation 1.15F, and crucially, whether this requirement was met within the specified six-month period prior to the visa application date. Regulation 1.15F outlines several conditions for satisfying the Australian study requirement, including the completion of registered courses totalling at least 16 calendar months and two academic years (defined as at least 92 weeks), with all instruction conducted in English, and undertaken in Australia on a student visa.

The Tribunal was satisfied that the applicant had completed a Bachelor degree at the University of Adelaide, meeting the criteria for a registered course, completed in the requisite duration, and conducted in English, while holding a valid student visa. However, the delegate had refused the visa on the basis that the applicant's completion date of 29 February 2016, as stated in their letter of completion, fell outside the six-month window preceding their visa application date of 18 January 2016. The Tribunal found that the applicant did meet the requirements of both cl.485.221 and cl.485.222. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant satisfied these specific criteria.