Kruger (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 Temporary Graduate visa under the Post-Study Work stream. The applicant sought review of a decision concerning their eligibility for this visa. The core of the dispute revolved around whether the applicant had satisfied the Australian study requirement within the six months immediately preceding their visa application.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 485 visa, particularly clause 485.231 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the applicant held a qualification specified by the Minister, conferred by a specified educational institution, and whether their study for that qualification satisfied the Australian study requirement in the six months prior to the visa application. The definition of "completed" in relation to a qualification, meaning the academic requirements for its award had been met, was also a key consideration.

The Tribunal reasoned that while the applicant held a specified qualification awarded by a specified institution, the critical issue was the timing of the completion of their studies relative to the visa application. The applicant's qualification was completed after the visa application was lodged. However, the Tribunal noted that "completed" for the purposes of the Australian study requirement refers to meeting academic requirements. A clarifying letter from the university indicated that the academic requirements for the qualification were satisfied before the visa application was made, even though the formal conferral occurred later. The Tribunal concluded that the applicant had met the academic requirements for their qualification prior to the visa application, thereby satisfying the Australian study requirement.

Consequently, the Tribunal remitted the application for reconsideration by the Department, with a direction that the applicant meets the criterion under clause 485.231 of Schedule 2 to the Regulations. The application of the second applicant, who was a member of the family unit, was to be determined by reference to the outcome of the primary applicant's reconsidered application.