LIU (Migration)

This matter concerned an application for review by Miss Liu of a decision concerning her eligibility for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The Administrative Appeals Tribunal (AAT) was required to determine whether Miss Liu met the criteria for this visa, specifically the Australian study requirement and the requirement that her qualifications be closely related to her nominated occupation.

The primary legal issues before the Tribunal were whether Miss Liu had satisfied the 'Australian study requirement' within the six months preceding her visa application, and whether each qualification relied upon to meet this requirement was closely related to her nominated skilled occupation. The Australian study requirement, as defined by the Regulations, necessitates the completion of one or more registered courses at an Australian educational institution, undertaken while holding a study-authorised visa in Australia. These courses must have been conducted in English, completed over at least 16 calendar months, and involved at least two academic years of study, with 'two academic years' specified as a total of at least 92 weeks.

The Tribunal considered evidence provided by Miss Liu, including a transcript from the Australian National University (ANU) detailing her Bachelor of Actuarial Studies and Master of Commerce degrees, a degree certificate for the Master of Commerce, and a completion letter from ANU. The completion letter stated that Miss Liu commenced her Master of Commerce program on 17 February 2014 and completed it on 4 December 2015, with all instruction and examination conducted in English. The Tribunal noted that while the completion letter indicated a completion date of 4 December 2015, the letter itself was dated 1 July 2016. This discrepancy, along with the fact that the Tribunal had not held a hearing and made its decision on the papers, led the Tribunal to conclude that the matter should be remitted for reconsideration.

The Tribunal remitted the matter for reconsideration.