Dorji (Migration)

This matter concerned an appeal by the applicant, Mr Dorji, against a decision to affirm the refusal of his application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa under the Post-Study Work stream. The core of the dispute revolved around whether the applicant had met the Australian study requirement within the prescribed timeframe. The decision was made by Jade Murphy, a member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 485.231 of the Migration Regulations 1994. This clause mandates that an applicant for a Subclass 485 visa must have met the 'Australian study requirement' in the six months immediately preceding the date of their visa application. The Tribunal was required to determine if the applicant's completion of his Master of Professional Accounting qualification fell within this six-month window.

The Tribunal reasoned that the applicant's qualification was completed on 8 July 2019, as evidenced by his Completion Letter from Murdoch University and his own testimony. The visa application was lodged on 20 February 2020. For the applicant to satisfy the Australian study requirement, his qualification must have been completed no earlier than 19 August 2019. The Tribunal found that the applicant's completion date of 8 July 2019 fell outside this six-month period. The applicant's submission that he was misled by information on the Department of Home Affairs website regarding the lodgement timeframe was not accepted as a basis to override the clear regulatory requirement.

Consequently, the Tribunal concluded that the applicant did not meet clause 485.231 and therefore did not satisfy the primary criteria for the grant of the Subclass 485 visa. As this was the only relevant visa subclass, the Tribunal affirmed the decision under review.