Levy (Migration)

This matter concerned an appeal by the applicant, Levy, against a decision of the Migration Review Tribunal. The applicant sought review of the Tribunal's decision regarding her eligibility for a Partner (Migrant) (Class BC) visa, Subclass 100, and a Skilled (Provisional) (Class VC) visa, Subclass 485. The central dispute revolved around whether the applicant satisfied the 'Australian Study Requirement' in the six months preceding her visa application, specifically concerning the completion of a mandatory internship component of her Bachelor of Business in International Hospitality Management.

The legal issues before the court were whether the applicant held a specified qualification awarded by a specified institution, and crucially, whether she satisfied the Australian study requirement in the six months immediately prior to her visa application. This latter issue hinged on determining the precise date on which the applicant's mandatory internship was considered 'completed' for the purposes of the visa requirements, particularly as the administrative assessment of the internship had not been finalised by the date of application, though no further participation was required from the applicant.

The court considered evidence from Southern Cross University, which clarified that while the applicant satisfied the coursework and internship requirements on 30 September 2016, her results were formally finalised by the University on 3 November 2016. This latter date was confirmed as the point at which the applicant formally met the academic requirements for the award of her degree. The court found that the applicant met the criterion cl.485.231 of Schedule 2 to the Regulations concerning the Australian study requirement. Consequently, the Tribunal's decision was set aside, and the visa application was remitted to the Minister for reconsideration of the remaining visa criteria.