Maharjan (Migration)

The Administrative Appeals Tribunal considered an appeal by an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Post Study Work stream. The central dispute concerned whether the applicant satisfied the Australian study requirement within the six months immediately preceding their visa application.

The primary legal issue before the Tribunal was to determine whether the applicant had "completed" their course within the meaning of regulation 1.15F of the Migration Regulations 1994, such that they met the Australian study requirement for the Subclass 485 visa. This involved assessing whether the applicant's Master of Technology (Software Engineering) qualification from Federation University met the criteria outlined in clause 485.231 of Schedule 2 to the Regulations, specifically concerning the timing of completion relative to the visa application date.

The Tribunal reasoned that the applicant had met the specified qualification and educational institution requirements. Crucially, it interpreted regulation 1.15F(2) to mean that "completed" a qualification signifies meeting the academic requirements for its award. Based on the evidence, the Tribunal found that the applicant had met these academic requirements for their Master of Technology (Software Engineering) within the relevant six-month period prior to their visa application. Consequently, the Tribunal concluded that the applicant satisfied clause 485.231.

The Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant meets the criterion specified in clause 485.231 of Schedule 2 to the Regulations.