Kang (Migration)

The applicant, Kang, sought review of a decision concerning her application for a Skilled (Provisional) (Class VC) visa, specifically the Temporary Graduate (Post-Study Work) stream. The Administrative Appeals Tribunal was required to determine whether Ms. Kang satisfied the Australian study requirement for this visa subclass.

The central legal issue was whether Ms. Kang had met the 'Australian study requirement' within the six months preceding her visa application. This requirement, as defined by the Regulations, necessitates the completion of one or more registered courses undertaken in Australia, totalling at least 16 calendar months and at least two academic years of study, with all instruction in English, while holding a visa authorising study. The applicant had provided evidence of an Advanced Diploma and a Bachelor of Commerce, but initially, the completion date for her Bachelor's degree was not clearly established.

The Tribunal considered the definition of 'completed' in relation to a qualification, which means meeting the academic requirements for its award. While the applicant's initial documentation, including a reference letter, did not definitively establish a completion date, a subsequent completion letter from Torrens University Australia, dated 10 April 2019, confirmed that Ms. Kang completed her Bachelor of Commerce studies on 9 December 2018 and met the course requirements on 19 December 2018. The Tribunal accepted this new information, confirming that the applicant met the Australian study requirement.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Ms. Kang satisfies the criterion under cl.485.231 of Schedule 2 to the Regulations.