Nkhonjera (Migration)

This matter concerned an application for a Skilled Regional Sponsored (Provisional) visa (Subclass 485) under the Post-Study Work stream. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal, constituted by Amanda Mendes Da Costa, was tasked with determining whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant satisfied the Australian study requirement within the six months immediately preceding the visa application date, as stipulated by clause 485.231(3). This required the Tribunal to consider the definition of the Australian study requirement under regulation 1.15F(1), which involves the completion of registered courses totalling at least 16 calendar months and at least two academic years of study, conducted in English, undertaken in Australia while holding a study-authorised visa. The Tribunal also had to determine if the applicant held a specified qualification conferred by a specified educational institution, as required by subclauses 485.231(1) and (2).

The Tribunal found that the applicant held a Bachelor of Commerce degree, which was a qualification specified by the Minister under the relevant instrument. Furthermore, this qualification was conferred by the University of Melbourne, an educational institution also specified in the relevant instrument. Regarding the Australian study requirement, the Tribunal considered documentary evidence including the applicant's Testamur, academic transcript, and correspondence from the university. While the academic transcript and evidence of qualification indicated a completion date of 31 July 2019, the applicant provided a statement and asserted the existence of emails demonstrating completion of study in July 2018, prior to the visa application. The Tribunal concluded that the applicant met the criteria under clause 485.231.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with a direction that the applicant had met the criterion specified in clause 485.231 of Schedule 2 to the Regulations.