GABBI (Migration)

This matter concerned an application for review of a decision regarding a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant sought to demonstrate that they satisfied the 'Australian study requirement' in the six months preceding their visa application. The Tribunal was required to determine whether the applicant met this requirement, and if so, whether it was satisfied within the specified timeframe.

The central legal issues before the Tribunal were twofold: first, whether the applicant met the general Australian study requirement, and second, if they did, whether this requirement was satisfied in the six months immediately prior to the date of their visa application. To address these, the Tribunal had to consider the nature and duration of the courses undertaken by the applicant and whether they qualified as a degree, diploma, or trade qualification as defined by the relevant regulations.

The Tribunal examined the applicant's study history, which included a Diploma of Management, an Advanced Diploma of Management, and a Certificate IV in Commercial Cookery. It was satisfied that the Diploma and Advanced Diploma courses met the definition of diplomas for the purposes of the Australian study requirement. The Tribunal also considered the definition of a 'trade qualification' in relation to the Certificate IV in Commercial Cookery, which included qualifications at least at Certificate III level for specific skilled occupations. The Tribunal noted that the Certificate IV in Commercial Cookery was confirmed by the provider to have a duration of 62 weeks. The Tribunal ultimately found that the applicant's most recent qualification was completed within the six months preceding the date of application, and therefore remitted the decision.