Qureshi (Migration)

The Administrative Appeals Tribunal considered an application by Qureshi for a Skilled (Provisional) (Class VC) visa, specifically under the Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. The central dispute concerned whether the applicant had met the Australian study requirement, as defined by clause 485.231(3) of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine the correct interpretation of the "course completion date" for the purpose of satisfying the Australian study requirement. This involved ascertaining whether the date on which a letter of completion was issued, which coincided with the date of the visa application, constituted the completion date, or if the date on which examination marking was completed and results ratified was the relevant date. The Tribunal had to consider whether academic effort or the evaluation of such effort, culminating in the publication of results, was the determinative factor.

The Tribunal reasoned that the issuance of a letter of completion on the same day as the visa application, while seemingly administrative, did not necessarily reflect the completion of the academic effort or evaluation required by the Australian study requirement. It distinguished between purely administrative steps, such as the formal issuance of a document, and the substantive completion of academic assessment. The Tribunal concluded that the applicant had met the criterion under cl.485.231(3).

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a specific direction that the applicant meets the criterion stipulated in cl.485.231(3) of Schedule 2 to the Regulations. The Minister is to consider the remaining criteria for the visa.