Emmanuel (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate) visa, specifically the Graduate Work stream. The applicant sought review of a decision not to grant the visa. The core of the dispute revolved around whether the applicant met the Australian study requirement as stipulated by clause 485.231 of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant satisfied the criteria for the subclass 485 visa, particularly concerning the Australian study requirement. This involved assessing whether the applicant held a qualification specified by the Minister, whether that qualification was conferred by a specified educational institution, and crucially, whether the applicant had met the Australian study requirement within the prescribed timeframe of six months immediately preceding the visa application, or alternatively, within twelve months if unable to apply within six months due to being outside Australia during a specific period in 2020.

The Tribunal found that the applicant held a doctoral degree, which was a specified qualification under LIN 23/023, and that this qualification was conferred by Griffith University, an Australian university registered on CRICOS and offering courses at the bachelor’s degree level and above, as required by LIN 23/021. However, the Tribunal concluded that the applicant did not satisfy the Australian study requirement within the stipulated timeframe. The applicant's qualification was conferred on 2 September 2020, and the visa application was made on 15 March 2021. This meant the qualification was conferred more than six months prior to the application date, and the exception for being outside Australia during the specified period in 2020 did not apply to extend the timeframe for meeting the requirement.

Consequently, the Tribunal affirmed the decision not to grant the visa. The applicant had raised concerns about the clarity of information provided by the Department regarding visa requirements, suggesting it could be more precise to avoid the need for immigration assistance.