Kethineni (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 485 (Graduate Work stream) visa. The applicant's eligibility for this visa hinged on satisfying the 'Australian study requirement' and ensuring that any qualifications used to meet this requirement were closely related to their nominated skilled occupation. The central dispute revolved around whether the applicant had indeed met the Australian study requirement within the prescribed timeframe.

The Tribunal was required to determine if the applicant had satisfied the 'Australian study requirement' as defined by the Migration Regulations. This involved assessing whether the applicant had completed one or more registered courses in Australia, conducted in English, over a minimum of 16 calendar months and at least two academic years of study, undertaken while holding a visa authorising study. Specifically, the Tribunal had to consider the completion date of the applicant's Master of Information Technology qualification from Charles Sturt University in relation to the visa application lodgement date.

The Tribunal found that the applicant had provided conflicting evidence regarding the completion date of their Master of Information Technology qualification. Initially, the delegate relied on a letter indicating completion on 11 November 2016, which would have placed it outside the six-month window before the visa application lodged on 25 July 2017. However, a subsequent letter from the educational institution stated the completion date as 28 February 2017. Based on this latter evidence, the Tribunal concluded that the applicant had met the requirements of clause 485.221 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with a direction that the applicant had satisfied the Australian study requirement. The Minister was to proceed to consider the remaining criteria for the visa.