SHAMIM (Migration)

The Administrative Appeals Tribunal considered the application of Mr. Shamim for a Skilled (Provisional) (Class VC) visa, specifically under the Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. The core of the dispute was whether Mr. Shamim met the Australian study requirement for this visa.

The Tribunal was required to determine if the applicant satisfied the criteria for the Subclass 485 visa, particularly clause 485.231, which pertains to the Australian study requirement. This involved assessing whether the applicant's course was completed within the six months preceding the visa application.

The Tribunal found that the applicant did not meet clause 485.231 of the Migration Regulations. Consequently, the applicant failed to satisfy the primary criteria for the grant of the visa. As the secondary criteria could not be met without satisfying the primary criteria, and this was the only relevant visa subclass, the Tribunal affirmed the decision not to grant the visa.