Kaur (Migration)

Kaur (Migration) [2019] AATA 4606 (21 October 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANTS:  Ms Manmeet Kaur
Mr Paviter Puneet Singh Nijjar

CASE NUMBER:  1826093

HOME AFFAIRS REFERENCE(S):           BCC2018/2804399

MEMBER:Danielle Galvin

DATE:21 October 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision not to grant the applicants Skilled (Provisional) (Class VC) visas.

Statement made on 21 October 2019 at 9:40am

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 29 August 2018 to refuse to grant the applicants Skilled (Provisional) (Class VC) visas under s.65 of the Migration Act 1958 (the Act).

2. The applicants applied for the visas on 26 July 2018. Visa Class VC contains Subclass 485 (Temporary Graduate). The criteria for the grant of a Subclass 485 visa are set out in Part 485 of Schedule 2 to the Migration Regulations 1994 (the Regulations), including criteria in different streams. In this case, the applicant is seeking to meet the criteria in the Post-Study Work stream, which includes cl.485.231 of Schedule 2 to the Regulations.

3. The delegate refused to grant the visas because the first named applicant (the applicant) did not satisfy cl.485.231 because the applicant had claimed to have studied a Masters of Professional Accounting at Edith Cowan University (the University) from 22 November 2017 to 24 July 2018. However, the letter of completion provided from that University lists the completion date as 8 August 2018. Consequently the completion date was later than the application date the delegate found that the Masters degree was not completed within the period of six months ending immediately before the day the application was made and therefore the requirements of r.485.231(3) were not met. Therefore the criteria for the grant of a Temporary Graduate (Post-Study Work) visa in the Post-Study Work stream were not met by the applicant and the visa applications were refused.

4. The Department was in receipt of the following documents:

   ·The visa ;

   ·A complete disclosure police checks;

   ·Copies of passport extracts;

   ·Marriage certificate;

   ·Secondary education results;

   ·University results from Panjab University;

   ·Certificate of achievement in English;

   ·IELTS test report form dated 31 August 2017;

   ·Medibank details;

   ·Letter dated 10 August 2018 from the University confirming that the applicant’s course was conducted in English and that the applicant had completed all requirements for the course. The letter noted that the course commenced on 27 February 2017 and was completed on 8 August 2018.The letter notes the CRICOS CODE AS 079124B, the course being L97, Master of Professional Accounting.;

   ·Applicant’s birth certificate;

   ·Academic transcript for Curtain University dated 7 February 2017;

   ·The university’s full unit history for the applicant;

   ·The University’s confirmation of enrolment for the applicant.

5. On 4 June 2019 the Tribunal wrote to the applicant inviting them to comment on or respond to the information  that the course was completed, according to the University, on 8 August 2018. A response was required by…