Donato (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Graduate Stream. The applicant sought review of a decision concerning his eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the Australian study requirement for the Temporary Graduate (Graduate Stream) visa. This requirement stipulated that the applicant must have completed courses registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS), totalling at least 16 calendar months of study and at least two academic years, with all instruction in English, undertaken in Australia while holding a study-authorised visa. Crucially, the applicant needed to have satisfied this requirement within the six months immediately preceding the visa application, or within twelve months if unable to apply within six months due to being outside Australia during a specified period.

The Tribunal found that while the applicant had inadvertently stated he was applying for the Post-Study Work stream of the visa, evidence established that his intention was to apply for the Graduate Stream. The Tribunal accepted that this was an error made without legal representation. Applying the definition of the Australian study requirement, the Tribunal was satisfied that the applicant met the criteria under clause 485.221 of Schedule 2 to the Regulations.

Accordingly, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant met the Australian study requirement for the Subclass 485 visa.