Lee (Migration)

The Administrative Appeals Tribunal considered the case of Mr Lee, who sought to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream. The central dispute concerned whether Mr Lee met the 'Australian study requirement', which mandates completion of studies within the six months immediately preceding the visa application.

The Tribunal was required to determine if Mr Lee had satisfied the Australian study requirement as defined by the Migration Regulations. This involved assessing whether his completed qualifications met the criteria regarding registered courses, duration of study, academic years, instruction language, and the requirement to undertake the study in Australia on a student visa. Specifically, the Tribunal had to ascertain the correct completion date for his Bachelor of Business and Commerce qualification for the purpose of calculating the six-month application window.

The Tribunal reasoned that the definition of 'completed' in relation to a qualification means meeting the academic requirements for its award, not necessarily the date of graduation. Mr Lee provided a letter indicating he met the course requirements for his Bachelor's degree on 14 July 2018, with graduation occurring later on 26 September 2018. The Tribunal found that the application for the visa was lodged on 16 January 2019, which was one day after the six-month period from the date he met the course requirements had expired. Despite acknowledging the applicant's confusion regarding the relevant date and that the application was only one day late, the Tribunal concluded it had no power to waive this requirement or exercise discretion.

Consequently, the Tribunal found that Mr Lee did not satisfy the Australian study requirement as stipulated in clause 485.221 of the Migration Regulations. As this was the sole criterion in dispute and essential for the grant of the visa, the Tribunal affirmed the decision not to grant Mr Lee the Skilled (Provisional) (Class VC) visa.