Islam (Migration)

The Administrative Appeals Tribunal considered the case of Mr Islam, who sought review of a decision not to grant him a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant's eligibility for this visa stream depended on satisfying specific criteria related to his Australian study and the relevance of his qualification to his nominated occupation.

The primary legal issues before the Tribunal were whether Mr Islam met the requirements of clauses 485.221 and 485.222 of Schedule 2 to the Regulations. Specifically, the Tribunal had to determine if the applicant had satisfied the 'Australian study requirement' within the six months immediately preceding his visa application, and if the degree he relied upon was closely related to his nominated skilled occupation. The definition of 'completed' in relation to a qualification and the duration of an 'academic year' were also relevant considerations.

The Tribunal found that Mr Islam had satisfied the Australian study requirement. Evidence, including a Course Completion Letter and Academic Transcript from WSU, confirmed that he completed a Bachelor of Information and Communications Technology on 26 February 2019. This qualification met the criteria of being a registered course, completed over at least 16 calendar months and two academic years, undertaken in Australia on a study-authorised visa, and conducted in English. Despite this finding, the Tribunal ultimately affirmed the decision not to grant the visa, indicating that the applicant's case did not meet the unique or exceptional circumstances required for ministerial intervention, and that further documentation, including an updated skills assessment, would be necessary for the Department to consider.