Kuriakose (Migration)

The Administrative Appeals Tribunal considered the case of Kuriakose, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream. The central dispute concerned whether the applicant had satisfied the Australian study requirement for the visa, specifically in relation to the date of course completion relative to the visa application date.

The Tribunal was required to determine if the applicant met the criteria outlined in clause 485.231 of the Migration Regulations 1994. This involved assessing whether the applicant held a qualification specified by the Minister, awarded by a specified educational institution, and whether their study for that qualification satisfied the Australian study requirement in the six months immediately preceding the visa application. A key question was the precise date of course completion for the purpose of meeting this requirement.

The Tribunal found that the applicant held a Master of Science (Network Systems) degree, which was a specified qualification conferred by Swinburne University of Technology, a specified educational institution. The Tribunal then examined the definition of the Australian study requirement, which necessitates completion of registered courses totalling at least 16 calendar months and at least two academic years of study (defined as at least 92 weeks). While the applicant's visa application was made on 20 January 2018, the letter of completion from the university indicated the degree was completed on 1 February 2018. Despite this, the Tribunal concluded that the applicant met clause 485.231.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criterion under clause 485.231. The Minister was to consider the remaining criteria for the visa.