Santi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking to satisfy the primary criteria for a Subclass 485 visa in the Graduate Work stream. The central dispute concerned whether the applicant met the 'Australian study requirement' as defined in regulation 1.15F of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had completed one or more registered courses in Australia, conducted in English, over a total of at least 16 calendar months and at least two academic years, while holding a visa that permitted study. The definition of 'completed' in relation to a qualification meant meeting the academic requirements for its award, and an 'academic year' was understood to be at least 46 weeks.

The Tribunal found that the applicant had provided sufficient evidence to demonstrate the completion of a Certificate III in Early Childhood Education and Care and a Diploma of Early Childhood Education and Care. For the Certificate III, the evidence indicated completion between 10 October 2016 and 26 May 2017. For the Diploma, a student completion letter stated the course commenced on 29 May 2017 and concluded on 5 October 2018, with the applicant receiving an award for it. Based on this evidence, the Tribunal concluded that the applicant met the requirements of clause 485.221.

Consequently, the Tribunal remitted the applicant's visa application for reconsideration by the Minister, with a direction that the applicant had met the Australian study requirement.