Karanja (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream, applied for by Ms. Karanja. The core dispute revolved around whether Ms. Karanja met the Australian study requirement as stipulated by clause 485.231 of the Migration Regulations 1994.

The Tribunal was required to determine if Ms. Karanja satisfied the Australian study requirement, which mandates that the applicant's study for a specified qualification must have been completed within the six months immediately preceding the visa application. This requirement is further defined by regulation 1.15F(1), which outlines criteria including the completion of registered courses over at least 16 calendar months, representing at least two academic years of study, with all instruction in English, undertaken in Australia while holding a valid study visa.

The Tribunal found that Ms. Karanja had applied for the visa more than six months after completing her Master of International Tourism and Event Management degree. She explained that she delayed her application to obtain a police clearance from her home country, Kenya, and subsequently faced delays in obtaining a new passport there. The Tribunal noted that while Ms. Karanja had met the academic requirements for her qualification and had undertaken her studies in Australia, the critical factor was the timing of her visa application relative to the completion of her studies. As the application was lodged outside the stipulated six-month window, the Tribunal concluded that clause 485.231(3) was not met.

Consequently, the Tribunal determined that Ms. Karanja did not satisfy the criteria for the grant of a Subclass 485 visa. Accordingly, the decision under review, which affirmed the refusal of the visa, was affirmed.