Randeni Arachchige (Migration)

The Administrative Appeals Tribunal considered the case of Randeni Arachchige, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on whether the applicant met the study requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the Australian study requirement as stipulated by clause 485.231 of the Migration Regulations 1994. This involved determining if the applicant held a specified qualification conferred by a specified educational institution, and crucially, if their study for that qualification met the 'Australian study requirement' in the six months immediately preceding the visa application.

The Tribunal reasoned that while the applicant held a Bachelor of Engineering (Honours) from Curtin University, which met the specified qualification and institution criteria, the applicant failed to satisfy the Australian study requirement. This failure stemmed from the fact that the applicant's qualification was formally completed on 6 December 2018, which was after the visa application date of 18 November 2017. The 'Australian study requirement' mandates completion of the qualification within the six months prior to the application.

Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of a Subclass 485 visa. The decision under review, which affirmed the refusal of the visa, was therefore affirmed by the Tribunal.