Gnanapragasam (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – post-study work stream. The applicant sought review of a decision concerning their eligibility for this visa.

The central legal issue before the Tribunal was whether the applicant met the Australian study requirement as stipulated by clause 485.231 of Schedule 2 to the Migration Regulations 1994. This requirement mandates that the applicant must have completed a specified qualification within the six months immediately preceding the visa application. The Tribunal was required to determine if the applicant held a qualification of the kind specified by the Minister, if it was conferred by a specified educational institution, and crucially, if the applicant's study satisfied the Australian study requirement within the relevant timeframe.

The Tribunal reasoned that the applicant had indeed met the criteria for holding a specified qualification conferred by a specified educational institution, as evidenced by their Master of Community Development degree from Murdoch University. The primary point of contention was the Australian study requirement. Regulation 1.15F defines this requirement, focusing on the completion of registered courses totalling at least 16 calendar months and at least two academic years of study, with all instruction in English, undertaken in Australia while holding a valid study visa. The applicant's academic transcript was dated prior to the visa application, but a letter of completion was issued afterwards, with a delay in the university's system upload. The Tribunal found that the applicant had met the requirements of clause 485.231.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 485.23 of Schedule 2 to the Regulations.