Evans (Migration)

The Administrative Appeals Tribunal considered the case of Dr Evans, who sought review of a decision concerning his application for a Skilled (Provisional) (Class VC) visa, Subclass 485. The central dispute revolved around whether Dr Evans met the 'Australian study requirement' as stipulated by the regulations for this visa subclass.

The primary legal issue before the Tribunal was to determine whether Dr Evans had 'completed' his Doctor of Dental Medicine (DMD) degree within the six months immediately preceding his visa application made on 2 December 2016, as required by clause 485.231(3) of Schedule 2 to the Regulations. This involved interpreting the definition of 'completed' in relation to a degree, which the regulations clarify means having met the academic requirements for its award, irrespective of formal conferral.

The Tribunal reasoned that Dr Evans satisfied the Australian study requirement based on a letter from the Dean of the Faculty of Dentistry at Sydney University. This letter confirmed that Dr Evans was deemed to have successfully completed the requirements of his DMD degree by the Faculty’s Progression Committee on 23 November 2016, following his final examinations on 18 November 2016. The Tribunal noted that these results were uploaded to his student record on 2 December 2016. Applying the definition of 'completed' which excludes the formal conferral of the degree, the Tribunal found that Dr Evans had met the academic requirements for the award of his degree within the relevant timeframe. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that Dr Evans met the criterion specified in clause 485.231(3) of Schedule 2 to the Regulations.