Nguyen (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Nguyen, who sought review of a delegate's decision to refuse her application for a Skilled (Provisional) (Class VC) visa, specifically under the Subclass 485 Temporary Graduate (Post-Study Work) stream. The core of the dispute concerned whether Ms. Nguyen met the Australian study requirement as stipulated by the Migration Regulations.

The Tribunal was required to determine whether Ms. Nguyen satisfied the criteria for the Subclass 485 visa, particularly clause 485.231, which mandates that an applicant must have met the Australian study requirement in the six months immediately preceding the day their visa application was made. This requirement is linked to holding a specified qualification awarded by a specified educational institution. The definition of "completed" for the purpose of the Australian study requirement, as per regulation 1.15F(2), means having met the academic requirements for the award of the qualification.

The Tribunal's reasoning focused on the timing of Ms. Nguyen's course completion relative to her visa application date. Ms. Nguyen's Bachelor of Finance course at La Trobe University was stated to have a completion date of 28 August 2018, as evidenced by both her academic transcript and a letter from the university. However, her visa application was lodged on 26 July 2018. As the application was made before the official completion date of her studies, the Tribunal found that she did not meet the Australian study requirement within the specified timeframe. Despite an invitation to provide further evidence, Ms. Nguyen elected not to participate in a hearing and consented to a decision based on the existing documentation.

Consequently, the Tribunal concluded that Ms. Nguyen did not satisfy the criteria for the grant of a Subclass 485 visa in the Post-Study Work stream. Accordingly, the Tribunal affirmed the delegate's decision to refuse the visa.