GUDAVALLI (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by an applicant who was seeking review of a decision not to grant the visa. The applicant had listed a Master of Engineering from Griffith University and an Advanced Diploma of Management in Human Resources from Academique Pty Ltd as their Australian study.

The central legal issue before the Tribunal was whether the applicant satisfied the "Australian Study Requirement" within the six months immediately preceding the date of their visa application. This requirement is a criterion for the grant of a Subclass 485 visa.

The Tribunal considered the applicant's listed qualifications. It noted that the Advanced Diploma of Management in Human Resources was cancelled and not completed, and therefore could not be relied upon to satisfy the requirement. The Master of Engineering course was completed on 30 November 2015. As the visa application date was 27 March 2017, this qualification was not completed within the six months immediately prior to the application. Consequently, the Tribunal found that the applicant did not meet the criteria for the visa.

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