Shahi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Graduate Work stream, Subclass 485. The central dispute concerned whether the applicant met the Australian study requirement as stipulated by clause 485.221 of Schedule 2 to the Regulations, which mandates that this requirement must be satisfied in the six months immediately preceding the visa application.

The Tribunal was required to determine if the applicant had satisfied the Australian study requirement. This involved interpreting the definition of the requirement under regulation 1.15F(1), which specifies criteria relating to the completion of registered courses in Australia, a minimum duration of study, instruction in English, and undertaking the study while holding a valid visa. Specifically, the Tribunal had to assess whether the applicant's completion of her studies occurred within the six-month window prior to her visa application.

The Tribunal reasoned that the applicant's own submissions confirmed she completed her course on 16 March 2015 and lodged her visa application on 28 September 2015, which was ten days beyond the six-month period. While acknowledging the applicant's explanation of an honest mistake and her desire to pursue a career in Australia, the Tribunal found it had no discretion to waive the statutory requirement. Consequently, as the applicant did not meet the explicit timeframe stipulated by clause 485.221, she failed to satisfy the criteria for the Subclass 485 visa. The Tribunal affirmed the decision not to grant the visa.