Ong-Palsson (Migration)

The Administrative Appeals Tribunal considered an appeal by the applicant, Ong-Palsson, concerning a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The core of the dispute revolved around whether the applicant had satisfied the Australian study requirement within the six months immediately preceding their visa application.

The Tribunal was required to determine two key issues: first, whether the applicant met the Australian study requirement, and second, if so, whether this requirement was satisfied in the six-month period prior to the visa application. This involved assessing whether the applicant held a qualification specified by the Minister, awarded by a specified educational institution, and whether the study for that qualification met the Australian study requirement within the relevant timeframe.

In its reasoning, the Tribunal found that the applicant held a PhD in Medicine, a qualification specified by the Minister. Furthermore, the Tribunal was satisfied that the applicant's studies were completed on 9 September 2016, when Associate Professor C.A. Reid advised the applicant of their successful thesis submission. The Tribunal considered that subsequent administrative steps, such as the formal conferral of the qualification on 21 September 2018, did not negate the applicant's actual completion of academic requirements on 9 September 2016. This date fell within the six months immediately before the visa application was made, thus satisfying the criteria.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets criterion cl.485.231 of Schedule 2 to the Regulations.