Ginda (Migration)

The Administrative Appeals Tribunal considered an application by Ginda for a review of a decision concerning a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The core of the dispute revolved around whether the applicant had met the study requirement stipulated in clause 485.221 of Schedule 2 to the Migration Regulations.

The Tribunal was required to determine if the applicant had satisfied the study requirement, which mandates that the applicant's course of study be completed within six months of its commencement. This determination was central to the applicant's eligibility for the visa.

The Tribunal found that the applicant had indeed met the requirements of clause 485.221. Consequently, the Tribunal remitted the visa application back to the Minister for further consideration of the remaining eligibility criteria. The decision directed that the applicant be taken to have met the study requirement for the Subclass 485 visa.