Deuja (Migration)

The Administrative Appeals Tribunal considered the case of Deuja, an applicant for a Skilled (Provisional) (Class VC) visa, Post Study work stream. The dispute centred on whether the applicant met the requirement that their qualification was completed within the six months immediately preceding the visa application. The applicant had provided conflicting documentation regarding the completion date of their Bachelor of Professional Accounting degree from Holmes Institute, leading to the initial refusal of their application.

The Tribunal was required to determine the correct completion date of the applicant's qualification and, consequently, whether the applicant satisfied the Australian study requirement for the Subclass 485 visa. This involved assessing the various documents provided by the applicant and Holmes Institute, which presented differing completion dates of either 10 March 2016 or 11 March 2016. The visa application was lodged on 11 March 2016, making the precise completion date critical to meeting the six-month timeframe.

The Tribunal noted the conflicting advice received from Holmes Institute regarding the completion date, with different departments providing different dates. However, after further clarification and the provision of additional documentation by the applicant, including an academic transcript and a letter from student records, the Tribunal concluded that the applicant's qualification was completed on 10 March 2016. Based on this finding, the Tribunal remitted the application to the Minister for reconsideration, directing that the applicant met the criterion under cl.485.231 of Schedule 2 to the Regulations.