Magammulla (Migration)

This matter concerned an appeal by Mrs Sampada Magammulla and Mr Omila Kumarasinghe against a decision to refuse their applications for Skilled (Provisional) (Class VC) visas, specifically the Subclass 485 (Temporary Graduate) visa under the Graduate Work Stream. The appeal was heard by the Tribunal, presided over by Member Tim Connellan.

The primary legal issue before the Tribunal was whether the applicant, Mrs Magammulla, met the criteria for the Subclass 485 visa, particularly in light of her having initially applied under the Graduate Work Stream but subsequently seeking to satisfy the requirements of the Post-Study Work Stream. This involved determining whether she held a specified qualification from a specified educational institution and had satisfied the Australian study requirement within the relevant timeframe.

The Tribunal reasoned that the applicant had lodged a valid visa application and had mistakenly applied for the Graduate Work Stream when she intended to apply for the Post-Study Work Stream. The delegate had refused the application based on the applicant not meeting clause 485.223, a requirement for the Graduate Work Stream. However, the Tribunal found that the applicant met clause 485.231, which is relevant to the Post-Study Work Stream. This was based on her holding a Bachelor of Accounting from Swinburne University of Technology, a specified qualification, and providing a letter of completion dated 12 February 2019, satisfying the Australian study requirement.

Consequently, the Tribunal remitted the applications for Skilled (Provisional) (Class VC) visas for reconsideration. The Tribunal directed that Mrs Magammulla met the criterion specified in clause 485.231 of Schedule 2 to the Regulations, and the application of Mr Omila Kumarasinghe was to be reconsidered on this basis.