Ismath (Migration)

This matter concerned an appeal by the applicant, Ismath, against a decision not to grant a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The core of the dispute revolved around whether the applicant had satisfied the Australian study requirement within the prescribed timeframe.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 485 visa, particularly concerning the Australian study requirement as stipulated in clause 485.231 of the Migration Regulations. This involved assessing whether the applicant held a specified qualification awarded by a specified educational institution and whether they had satisfied the study requirement within the six months immediately preceding their visa application, or alternatively, within the twelve months if unable to apply due to being outside Australia during a specific period affected by COVID-19 travel restrictions.

The Tribunal found that while the applicant held a Bachelor of Information Technology and Systems, a qualification specified by the Minister, they had not satisfied the Australian study requirement within the relevant timeframe. The applicant's plans for further study had led to a delay in their visa application, and their departure from Australia prior to course completion meant the delay was not attributable to being outside Australia during the COVID-19 period as contemplated by the regulations. Consequently, the Tribunal concluded that clause 485.231 applied and that the applicant did not meet its requirements.

As the applicant failed to satisfy the criteria for the Subclass 485 visa, the Tribunal affirmed the decision not to grant the visa.