Estrella Cueva (Migration)

The Administrative Appeals Tribunal considered the application of Estrella Cueva for a Skilled (Provisional) (Class VC) visa, Subclass 485. The central dispute concerned whether Ms. Cueva met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994, specifically regarding the completion of her course within the six months immediately preceding her visa application.

The Tribunal was required to determine whether Ms. Cueva held a qualification specified by the Minister, whether that qualification was conferred by a specified educational institution, and crucially, whether her study met the "Australian study requirement" within the six months prior to her visa application. The "Australian study requirement" itself involves satisfying the Minister that one or more degrees, diplomas, or trade qualifications were completed as a result of registered courses, undertaken over at least 16 calendar months, involving at least two academic years of study, with all instruction in English, and undertaken in Australia on a study-authorising visa.

The Tribunal reasoned that Ms. Cueva held a Bachelor of Engineering (Civil and Environmental Engineering) from the University of Queensland, which satisfied the specified qualification and educational institution criteria under relevant instruments. The key issue then focused on the interpretation of "completed" within the context of regulation 1.15F(2), which defines completion as meeting the academic requirements for the award of the qualification. The Tribunal found that Ms. Cueva had met the academic requirements for her degree. Consequently, the Tribunal concluded that Ms. Cueva met the requirements of clause 485.231.

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with the direction that Ms. Cueva meets the criterion set out in clause 485.231 of Schedule 2 to the Regulations.