Garcia Llanos (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Garcia Llanos, who sought to satisfy the primary criteria for a Skilled (Provisional) (Class VC) visa, specifically the Post-Study Work stream of the Subclass 485 visa. The dispute centred on whether Mr. Garcia Llanos met all the requirements stipulated in Schedule 2 of the Migration Regulations.

The Tribunal was required to determine three key issues: firstly, whether Mr. Garcia Llanos held a qualification of a kind specified by the Minister; secondly, whether each qualification was conferred or awarded by an educational institution specified by the Minister; and thirdly, whether the applicant's study for the qualification satisfied the 'Australian study requirement' in the six months immediately preceding the visa application.

The Tribunal found that Mr. Garcia Llanos held a Master of Project Management from QUT, which is a specified qualification at an AQF level 7 or higher, and that QUT is a prescribed educational institution. However, the Tribunal concluded that Mr. Garcia Llanos did not satisfy the Australian study requirement within the relevant six-month period. The Tribunal also considered and rejected a request for an adjournment to await the outcome of a potential Subclass 457 visa application, deeming it unreasonable to defer the decision to a speculative future date.

Consequently, the Tribunal affirmed the decision not to grant Mr. Garcia Llanos the Skilled (Provisional) (Class VC) visa.