Park (Migration)

The Administrative Appeals Tribunal considered a Skilled (Provisional) (Class VC) visa application, specifically for the Subclass 485 (Temporary Graduate) visa, post-study work stream. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must hold a specified qualification awarded by a specified educational institution and have satisfied the Australian study requirement within a particular timeframe preceding their visa application. The Tribunal also considered whether the applicant met any of the exclusionary clauses (485.232 to 485.235) which would render clause 485.231 inapplicable.

The Tribunal reasoned that the applicant did not meet the criteria for clauses 485.232 to 485.235, meaning clause 485.231 was applicable. It was found that the applicant held a Bachelor of Engineering, a qualification specified by the Minister, and that this qualification was awarded by Swinburne University of Technology, also a specified institution. Crucially, the Tribunal determined that the applicant satisfied the Australian study requirement, as defined by regulation 1.15F(1), based on the documentation provided, including a completion letter, academic statement, and evidence of an internship. Despite earlier documentation suggesting the qualification was completed outside the six-month period, further evidence and clarification led the Tribunal to conclude that the applicant met the criteria under clause 485.231.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets the criterion specified in clause 485.231.