Pino Villavicencio (Migration)

The Administrative Appeals Tribunal considered an application by Pino Villavicencio for a Skilled (Provisional) (Class VC) visa, specifically within the Graduate (Post Study Work) stream. The central dispute concerned whether the applicant satisfied the Australian study requirement as stipulated by clause 485.231 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if the applicant met the criteria outlined in clause 485.231, which requires the applicant to hold a specified qualification, have that qualification awarded by a specified educational institution, and have completed study for that qualification satisfying the Australian study requirement in the six months immediately preceding the visa application. The definition of the Australian study requirement, as set out in regulation 1.15F, involves completing registered courses in Australia over a minimum duration and academic year equivalent, with all instruction in English, while holding a study-authorised visa.

The Tribunal reasoned that the applicant had provided evidence of completing a Doctor of Philosophy (Agriculture) at the University of Sydney. While the applicant initially declared a completion date of 31 October 2016, a subsequent completion letter from the University indicated a completion date of 4 May 2017. The delegate had previously determined that because the applicant completed her course after lodging her visa application, she did not meet the Australian study requirement in the preceding six months. However, the Tribunal found that the applicant had met the requirements of clause 485.231, focusing on the evidence of the qualification itself and its completion date in relation to the Australian study requirement.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfies the criterion under clause 485.231. The Minister is to consider the remaining criteria for the visa.