Levin (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The central dispute concerned whether the applicant met the 'Australian study requirement' as stipulated for the visa.

The Tribunal was required to determine if the applicant satisfied the criteria under clause 485.231 of the Migration Regulations. Specifically, 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 met the 'Australian study requirement' in the six months immediately preceding the visa application date.

The Tribunal found that the applicant's Doctoral Degree (PhD) was a specified qualification awarded by the University of New South Wales, a specified educational institution. Furthermore, the Tribunal was satisfied, based on the evidence including a letter from the university, that the applicant had completed the requirements for the PhD between 29 July 2013 and 19 June 2017. This period met the criteria for the 'Australian study requirement' under regulation 1.15F(1), as the study was part of a registered course, completed over at least 16 calendar months, involved at least two academic years of study, was conducted in English, and undertaken in Australia on a visa authorising study. As the visa application was lodged on 22 June 2017, the study completion date of 19 June 2017 fell within the relevant timeframe.

Consequently, the Tribunal concluded that the applicant met the criterion under clause 485.231. The Tribunal remitted the visa application for reconsideration by the Minister, with a direction that this specific criterion had been satisfied.