Patel (Migration)

The Administrative Appeals Tribunal considered the case of Mr Patel, who sought a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa in the Graduate Work stream. The central dispute concerned whether Mr Patel had satisfied the Australian study requirement, which mandated evidence of coursework completion within the six months preceding his visa application. This requirement was stipulated by clause 485.221 of Schedule 2 to the Regulations.

The Tribunal was tasked with determining the correct date of completion for Mr Patel's Diploma of Automotive Technology. The visa application was lodged on 7 June 2017. Mr Patel provided two documents indicating completion: a college completion letter dated 19 June 2017 and an academic transcript stating completion on 5 June 2017. The delegate who initially refused the visa relied on the later completion date from the letter, concluding that the application was lodged before the required study period was finished.

The Tribunal reasoned that the date of completion for the purpose of the Australian study requirement is the date on which the applicant is notified that all course requirements have been met. In this instance, the academic transcript, dated 5 June 2017, indicated that Mr Patel had met the requirements before the visa application was lodged. The Tribunal also confirmed that Mr Patel had met the broader 'Australian study requirement' under regulation 1.15F(1), having completed other CRICOS-registered courses in Australia over a sufficient period.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister. The direction was that Mr Patel satisfied clause 485.221 of Schedule 2 to the Regulations, allowing for the assessment of the remaining visa criteria for both Mr Patel and his spouse.