Salivio (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream. The applicant's eligibility for this visa depended on meeting specific criteria related to their Australian study experience.

The primary legal issues before the Tribunal were whether the applicant satisfied the 'Australian study requirement' as defined by the Migration Regulations, and whether the qualifications relied upon were closely related to their nominated skilled occupation. Specifically, the Tribunal had to determine if the applicant had completed the necessary study within the six months immediately preceding their visa application date, and if the courses undertaken met the regulatory definitions of registered courses, duration, and instruction in English.

The Tribunal found that while the applicant had provided evidence of a Bachelor of Nursing qualification from the University of Technology Sydney, a CRICOS registered course, the official results release date for this qualification was 14 December 2015. As the visa application was lodged on 24 June 2016, this completion date fell outside the six-month period required by clause 485.221 of Schedule 2 to the Regulations. The Tribunal also noted that a Certificate III in Health Services Assistance was not a CRICOS registered course and therefore could not satisfy the study requirement. The applicant's submission that a completion letter dated 8 January 2016 indicated they had satisfied the requirements was not sufficient to overcome the official results release date.

Consequently, the Tribunal concluded 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.