Ossa Useche (Migration)

The Administrative Appeals Tribunal considered the matter of Ossa Useche (Migration), involving applicants seeking a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream. The central dispute concerned whether the first named applicant satisfied the 'Australian study requirement' in the six months immediately preceding their visa application.

The primary legal issue before the Tribunal was to determine if the first named applicant met the criteria for the Australian study requirement as stipulated by subclause 485.231(3) of the Migration Regulations 1994. This requirement mandates that the applicant's study for a specified qualification must have been completed within the six months prior to the visa application date, and that the applicant has satisfied the Minister of having completed one or more degrees, diplomas, or trade qualifications awarded by an Australian educational institution. Key to this determination were the definitions of 'completed' (meaning academic requirements met) and the duration of study.

The Tribunal reasoned that the first named applicant had met the academic requirements for her Bachelor of Nursing degree, having completed her final placement on 8 March 2019. Despite university administrative delays that resulted in her official course completion date being recorded as 11 April 2019, evidence, including emails and a letter from an Associate Professor, demonstrated her efforts to obtain confirmation of completion and that she had fulfilled all academic prerequisites for the award of her degree prior to the visa application date of 14 March 2019. The Tribunal found that the applicant met clause 485.231(3).

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first named applicant satisfies the Australian study requirement. The Minister was to consider the remaining criteria for the visa, including those pertaining to the secondary applicant.