Jones (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The dispute centred on whether the applicant met the 'Australian study requirement' as stipulated by clause 485.221 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the 'Australian study requirement' within the six months preceding her visa application. This requirement, as defined by regulation 1.15F(1), necessitates the completion of one or more registered courses in Australia, undertaken while holding a study-authorised visa, over a minimum of 16 calendar months and involving at least two academic years of study, with all instruction conducted in English. The definition of 'two academic years' was specified by the Minister to mean a total of at least 92 weeks.

The Tribunal's reasoning focused on the applicant's enrolment history. The applicant commenced a Diploma of Sport Development on 12 December 2016, with a stated completion date of 17 September 2017. However, evidence indicated she did not complete this course, having only undertaken approximately three months of study before transferring. She subsequently enrolled in a Graduate Diploma of Education on 27 February 2017, which she completed on 31 October 2017. Based on this, the Tribunal found that the applicant had not completed at least 16 months of study, nor had she completed two academic years of study, thereby failing to meet the criteria in clause 485.221.

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