Kumar (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), made by Mr. Kumar. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr. Kumar met the criteria for the post-study work stream, specifically the Australian study requirement.

The central legal issue before the Tribunal was whether the applicant satisfied the Australian study requirement as stipulated in regulation 485.231(3)(a) of the Migration Regulations 1994. This regulation requires that the applicant's study for a specified qualification must have been completed within the six months immediately preceding the visa application. The applicant had lodged his visa application on 27 January 2020, and the courses he completed were within the six months prior to this date. However, the official completion letter was delayed due to the university's administrative processes, despite the education provider acknowledging that the academic requirements had been met earlier.

The Tribunal found that the applicant met the criteria under clause 485.231 of Schedule 2 to the Regulations. It reasoned that the applicant held a specified qualification (Bachelor of Business (Professional Accounting)) conferred by a specified educational institution, satisfying subclauses 485.231(1) and (2). Crucially, the Tribunal accepted that the applicant had satisfied the Australian study requirement, even though the formal documentation was delayed, as the education provider confirmed the academic completion within the relevant timeframe.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant meets the criterion set out in clause 485.231.