Fang (Migration)

The Administrative Appeals Tribunal considered the application of Mr Fang for a Subclass 485 Temporary Graduate visa. Mr Fang sought to satisfy the primary criteria for this visa, specifically the Graduate Work stream requirements. The dispute centred on whether Mr Fang met the 'Australian study requirement' as stipulated by the relevant regulations.

The Tribunal was required to determine if Mr Fang had satisfied the Australian study requirement, which mandates completion of qualifying courses within the six months immediately preceding the visa application date. This involved assessing the applicant's course completion date and whether it met this temporal threshold, as well as considering the relationship between his qualification and his nominated skilled occupation. The definition of 'completed' in relation to a qualification, and the duration of study required to meet the '2 academic years' criterion, were also relevant considerations.

The Tribunal accepted evidence, including an updated letter of completion from La Trobe University and confirmation from the university's Exams and Graduations Coordinator, that Mr Fang's Master of Physiotherapy Practice course was completed on 21 March 2017. This date fell within the six-month period prior to his visa application lodged on 24 August 2017, thereby satisfying the requirement under cl.485.221. The Tribunal also found that the applicant met the requirement under cl.485.222.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with the direction that Mr Fang met the criteria specified in cl.485.221 and cl.485.222 of Schedule 2 to the Regulations.