Mutano (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Subclass 485 (Temporary Graduate) visa made by Mutano. The dispute concerned whether Mutano met the Australian study requirement for this visa subclass.

The primary legal issue before the Tribunal was whether Mutano satisfied clause 485.221 of Schedule 2 to the Migration Regulations 1994, which pertains to the Australian study requirement. This requirement mandates that the applicant's nominated course must have been completed within six months prior to the visa application being made.

The Tribunal determined that a hearing was not necessary as it could find in favour of the applicant based on the material before it, pursuant to section 360(2)(a) of the Migration Act 1958. The Tribunal remitted the application for reconsideration with a direction that Mutano meets the criteria for the Subclass 485 visa, specifically referencing clause 485.221 of Schedule 2 to the Regulations.