Saldarriaga Moreno (Migration)

The Administrative Appeals Tribunal considered the case of Saldarriaga Moreno concerning an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically clauses 485.221 and 485.222 of Schedule 2 to the Regulations. Clause 485.221 requires the applicant to have satisfied the 'Australian study requirement' within the six months immediately preceding the visa application, while clause 485.222 mandates that the qualifications used to meet this requirement must be closely related to the applicant's nominated skilled occupation, unless specific exceptions apply.

The central legal issue before the Tribunal was whether the applicant had met these two criteria. The applicant's eligibility hinged on the interpretation of when a qualification is considered 'completed' for the purposes of the Australian study requirement, particularly in relation to the visa application date. The applicant had provided evidence of completing an Advanced Diploma of Management, a Diploma of Project Management, and an Advanced Diploma of Leadership Management. The delegate's decision had been based on a completion letter for the Advanced Diploma of Leadership and Management, which was dated after the visa application, leading to a finding that the applicant had not met the six-month timeframe.

The Tribunal noted that the issue of whether the applicant met the criteria under clause 485.222, specifically the close relationship between qualifications and nominated occupation, had already been determined by a previously constituted Tribunal on 27 May 2021. By oral decision on that date, the previous Tribunal had remitted the matter with a direction that the applicant met this criterion. Consequently, the current Tribunal remitted the applications for reconsideration, with the direction that the first applicant meets the criteria set out in clause 485.221 of Schedule 2 to the Regulations.