Mohamed Suada (Migration)

This matter concerned an application for review of a decision not to grant a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – post-study stream. The applicant, Mohamed Suada, sought to challenge the decision of the Tribunal, presided over by Member Antonio Dronjic, which affirmed the refusal of the visa.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 485.231 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant held a specified qualification conferred by a specified educational institution and, crucially, if they satisfied the ‘Australian study requirement’ within the prescribed timeframe immediately preceding the visa application.

The Tribunal reasoned that while the applicant held a Bachelor of Nursing degree from the University of South Australia, which was a specified qualification awarded by a specified institution, the applicant failed to meet the Australian study requirement. The evidence indicated that the university's letter of completion was dated 19 March 2021, and the applicant's visa application was made on 24 March 2021. This meant the qualification was conferred less than six months before the application was made, but the applicant's student visa expired on the completion date, and they had made the decision to apply before then. The Tribunal found that the applicant did not satisfy the Australian study requirement as stipulated in clause 485.231(3).

Consequently, the Tribunal affirmed the decision under review, finding that the applicant did not satisfy the criteria for the grant of a Subclass 485 visa.