Mannan (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal, constituted by Member Mary Sheargold, was required to determine whether the applicant met the Australian study requirement as stipulated by clause 485.231 of the Migration Regulations 1994.

The central legal issue was whether the applicant had satisfied the 'Australian study requirement' in the six months immediately preceding their visa application. This requirement, as defined by regulation 1.15F(1), necessitates the completion of one or more registered courses in Australia, undertaken while holding a study-authorised visa, over a minimum of 16 calendar months and involving at least two academic years of study, with all instruction conducted in English. The Tribunal specifically considered whether the applicant had completed a degree, diploma, or trade qualification within the six months prior to their application lodged on 14 March 2019.

The Tribunal reasoned that the applicant had provided sufficient evidence to satisfy the Australian study requirement. This evidence included an academic transcript and completion letter for a Master of Professional Accounting degree issued on 13 March 2019, along with other supporting documentation indicating the completion of academic requirements by that date. The Tribunal noted that the definition of 'completed' in relation to a qualification means having met the academic requirements for its award. Based on this, the Tribunal concluded that the applicant met the criterion under clause 485.231(3).

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the specific direction that the applicant had met the Australian study requirement for the Subclass 485 visa. The Minister was to proceed to consider the remaining criteria for the visa.