Oza (Migration)

The Administrative Appeals Tribunal considered an application by Oza for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 Temporary Graduate visa, post-study work stream. The central dispute concerned whether Oza satisfied the Australian study requirement within the six months immediately preceding the visa application.

The primary legal issue before the Tribunal was to determine if Oza met 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 study itself satisfied the broader definition of the "Australian study requirement" under regulation 1.15F(1).

The Tribunal reasoned that "completed" in relation to a qualification means meeting the academic requirements for its award, as defined in regulation 1.15F(2). Oza provided evidence of undertaking a Master of Business Analytics degree at La Trobe University from 27 February 2017 to 18 December 2018, a period of 22 calendar months, thus exceeding the 16-month minimum duration required by regulation 1.15F(1)(b). The Tribunal was satisfied that the degree was a registered course and that all other conditions under regulation 1.15F(1) were met. Consequently, the Tribunal found that Oza met the criterion in clause 485.231(3).

The Tribunal made the order that the application for a Skilled (Provisional) (Class VC) visa be remitted to the Minister for reconsideration, with the direction that the applicant meets the criterion specified in clause 485.231(3) of Schedule 2 to the Regulations.