Murombedzi (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Murombedzi for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 post-study work stream. The central dispute concerned whether Mr. Murombedzi satisfied the Australian study requirement for the visa, which mandates completion of a qualification within a specified period before the visa application.

The Tribunal was required to determine if Mr. Murombedzi held a qualification specified by the Minister, if it was awarded by a specified educational institution, and crucially, if he met the Australian study requirement. This requirement involved demonstrating that his qualification was completed as part of registered courses undertaken in Australia, totalling at least 16 calendar months of study and two academic years, with all instruction in English, and that he held a valid study visa during this period. The specific issue was the date of course completion, as evidenced by his degree certificate and a letter from his university.

The Tribunal reasoned that Mr. Murombedzi held a Bachelor of Social Work (with Honours), which qualified as a specified degree, and that it was conferred by the University of Newcastle, a specified educational institution. While the degree certificate indicated an admission date, a letter from the university clarified that the course completion date was the same as the admission date. The Tribunal found that this evidence, when considered together, satisfied the Australian study requirement. Consequently, the Tribunal concluded that the decision to refuse the visa should not have been made without a full hearing of the evidence.

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration. It directed that Mr. Murombedzi met the criterion under clause 485.231 of Schedule 2 to the Regulations, allowing the Minister to consider the remaining criteria for the visa.