Hor (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream, made by Mr. Hor. The dispute centred on whether Mr. Hor met the Australian study requirement for the visa.

The Tribunal was required to determine if Mr. Hor satisfied the criteria for the visa, specifically whether he held a specified qualification conferred by a specified educational institution and whether his study met the Australian study requirement within the six months preceding his visa application. The definition of "completed" in relation to a qualification, as well as the duration of an "academic year" for the purposes of the Australian study requirement, were key elements of this determination.

The Tribunal reasoned that Mr. Hor held a Bachelor of Pharmacy (Honours) from The University of Queensland, both of which were specified in the relevant ministerial instruments, thus satisfying the initial criteria. Regarding the Australian study requirement, the Tribunal noted that "completed" meant meeting the academic requirements for the award of the qualification. Mr. Hor's academic transcript indicated that he had met these requirements on 27 November 2019. The Tribunal applied the definition of an academic year as at least 46 weeks, as specified in instrument LIN 19/085.

Consequently, the Tribunal concluded that Mr. Hor satisfied clause 485.231 of the Migration Regulations. The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Mr. Hor met this specific criterion.