Javaid (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Skilled (Provisional) (Class VC) visa, specifically under the Graduate Work stream of the Subclass 485 visa. The applicant sought to satisfy the primary criteria for this visa, which included meeting the Australian study requirement within the six months immediately preceding the visa application.

The central legal issue before the Tribunal was whether the applicant had satisfied the Australian study requirement as defined by the Migration Regulations. This requirement, under regulation 1.15F(1), necessitates the completion of registered courses in Australia, undertaken while holding a study-authorising visa, over a minimum duration and academic year count, with all instruction in English. Crucially, the applicant needed to demonstrate completion of these courses within the six months prior to their visa application date.

The Tribunal considered the applicant's declared courses and PRISM records, which indicated completion dates for a Diploma of Management, Certificate III in Commercial Cookery, Certificate IV in Commercial Cookery, and a Diploma of Hospitality Management. The applicant's visa application date was 11 December 2019. The Tribunal found that none of the completed courses satisfied the Australian study requirement within the specified six-month period immediately before the visa application. Consequently, the applicant failed to meet clause 485.221 of Schedule 2 to the Regulations.

As the applicant did not satisfy this essential criterion for the Subclass 485 visa, the Tribunal affirmed the decision not to grant the visa.