Moreira Grez (Migration)

The Administrative Appeals Tribunal considered the case of Moreira Grez concerning an application for a Skilled (Provisional) (Class VC) visa, specifically the Temporary Graduate stream (subclass 485). The applicant sought review of a decision that found he did not meet the requirements for this visa.

The central legal issue before the Tribunal was whether the applicant had satisfied the "Australian study requirement" within the six months immediately preceding his visa application, as mandated by clause 485.231 of the Migration Regulations. This requirement stipulated that the applicant must hold a specified qualification, awarded by a specified educational institution, and that the study for that qualification must have met the Australian study requirement.

The Tribunal's reasoning focused on the definition of "completed" within the context of the Australian study requirement. Regulation 1.15F(2) defines "completed" as having met the academic requirements for the award of a degree, diploma, or trade qualification. The applicant held a Doctor of Philosophy (PhD) from the University of Western Australia, which met the specified qualification and institution criteria. However, the Tribunal found that the applicant had not met the academic requirements for the award of his PhD within the six months prior to his visa application. Therefore, he had not "completed" his Australian study requirement in the relevant timeframe.

Consequently, the Tribunal concluded that the applicant did not satisfy the primary criteria for the grant of a Subclass 485 visa. As a result, the Tribunal affirmed the original decision to refuse the visa.