Gonzalez Rodriguez (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a subclass 485 Temporary Graduate visa. The applicant's eligibility for this visa was contested, specifically concerning whether they met the 'Australian study requirement' as stipulated by the relevant regulations.

The primary legal issues before the Tribunal were whether the applicant had satisfied the Australian study requirement within the six months preceding their visa application, and if so, whether the qualifications obtained were closely related to their nominated skilled occupation. The definition of 'completed' in relation to a qualification, and the duration of an 'academic year' for the purposes of the Australian study requirement, were also central to the determination.

The Tribunal examined the applicant's evidence, including completion certificates and transcripts. It was established that the applicant completed a Certificate IV in Business on 10 September 2016 and an Advanced Diploma of Engineering Technology on 5 July 2019. The Tribunal found that while the Advanced Diploma was completed within the relevant six-month period, the applicant did not satisfy the overall criteria for the Australian study requirement as defined by regulation 1.15F. The Tribunal noted that there was no discretion to waive these requirements.

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