Poudel (Migration)

The Administrative Appeals Tribunal considered the case of Poudel concerning an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The dispute centred on whether the applicant satisfied the Australian study requirement for the visa.

The primary legal issue before the Tribunal was to determine if the applicant met the criteria outlined in clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause requires an applicant to hold a specified qualification, conferred or awarded by a specified educational institution, and to have satisfied the 'Australian study requirement' in the six months immediately preceding the visa application.

The Tribunal found that the applicant held a Master of Applied Information Technology, which was a specified qualification conferred by Victoria University, a specified educational institution. However, the applicant's initial visa application did not provide sufficient evidence to demonstrate completion of the degree by the date of application. While the applicant later provided an 'International Notification of Completion' stating the degree requirements were satisfied on 25 July 2019, the Tribunal noted this document was undated. Despite this, the Tribunal concluded that the applicant met clause 485.231, as the qualification and institution were specified, and the evidence, including the notification of completion, indicated the study requirement was met.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the first applicant met the criterion under clause 485.231.