Debnath (Migration)

This matter concerned an appeal by Songita Debnath and other applicants against a decision concerning their applications for Skilled (Provisional) (Class VC) visas, Subclass 485 (Temporary Graduate) – Post-Study Work stream. The appeal was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant, Ms. Debnath, satisfied the Australian study requirement for the visa. This requirement, stipulated by clause 485.231 of the Migration Regulations 1994, mandates that an applicant must have completed a qualification recognised by the Minister, for which their study satisfied the Australian study requirement in the six months immediately preceding the visa application. The definition of the Australian study requirement involves completing registered courses in Australia, totalling at least 16 calendar months and at least two academic years of study, conducted in English, while holding a visa authorising study.

The Tribunal considered the definition of "completed" in relation to a qualification, which means meeting the academic requirements for its award. The applicants had applied for their visas on 14 January 2020. While the initial delegate could not rely on the testamur dates of 2 December 2019 for Ms. Debnath's double Masters degrees, the Tribunal received new evidence on 17 August 2023: a complete copy of the completion letters from Holmes Institute. This evidence confirmed that Ms. Debnath completed her Master of Business Administration degree on 18 November 2019. The Tribunal was satisfied that this completion date fell within the six-month period prior to her visa application and that her Master of Professional Accounting and Master of Business Administration degrees constituted registered courses.

Consequently, the Tribunal found that Ms. Debnath met the criterion under clause 485.231(3) of Schedule 2 to the Regulations. The Tribunal remitted the visa applications to the Minister for reconsideration, with the direction that the first named applicant meets this specific criterion, and for consideration of the remaining criteria for the visa, including those pertaining to the secondary applicants.