Fulwani (Migration)

The applicant sought review of a decision not to grant a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. The applicant held a Bachelor of Business Administration from SP Jain School of Global Management. The core of the dispute concerned whether the applicant satisfied the 'Australian study requirement' as stipulated by the relevant migration regulations and legislative instruments.

The legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, particularly the 'Australian study requirement'. This requirement, as defined by regulation 1.15F(1) of the Migration Regulations 1994, mandates that a person must have completed one or more degrees, diplomas, or trade qualifications as a result of a course or courses registered under the *Education Services for Overseas Students Act 2000*, completed in a total of at least 16 calendar months, and undertaken as a result of at least 2 academic years of study. The applicant's presence in Australia for the completion of her qualification was also a factor.

The Tribunal found that while the applicant held a specified qualification awarded by a specified educational institution, she failed to meet the duration requirement for the 'Australian study requirement'. The regulations require completion of study in a total of at least 16 calendar months. The evidence presented indicated the applicant was present in Australia for a total of 458 days, which, when assessed against the 16-month minimum, meant she did not satisfy this crucial criterion. The Tribunal noted that it did not have discretion to overlook this requirement, and as the applicant did not meet the criteria for the Subclass 485 visa, the decision under review was affirmed.