KANAGALINGAM (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream, brought before the Tribunal by the applicant, Mr. Shaan Kanagalingam. The central dispute revolved around whether the applicant had satisfied the study requirements for the visa.

The Tribunal was required to determine if the applicant met the criteria outlined in clause 485.231 of the Migration Regulations 1994. Specifically, this involved assessing whether the applicant held a qualification of a kind specified by the Minister, conferred by a specified educational institution, and whether the study undertaken for that qualification satisfied the 'Australian study requirement' in the six months prior to the visa application. The 'Australian study requirement' itself involved several components, including the completion of registered courses totalling at least 16 calendar months, at least two academic years of study (defined as at least 92 weeks), instruction conducted entirely in English, and undertaking the study in Australia on a visa authorising study.

The Tribunal found that the applicant's Bachelor of Science degree from the University of Sydney was a specified qualification awarded by a specified educational institution, thus satisfying subclauses 485.231(1) and (2). Regarding the Australian study requirement, the Tribunal considered a letter of completion from the University of Sydney, which confirmed the applicant's completion of the degree as of 5 November 2017, having commenced on 29 February 2016. Based on this evidence, the Tribunal concluded that the applicant met the requirements of clause 485.231.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant had met the criterion specified in clause 485.231. The Minister was to proceed to consider the remaining criteria for the visa.