Sitthiprasert (Migration)

The Administrative Appeals Tribunal considered the case of Sitthiprasert, an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, in the Graduate Work stream. The dispute centred on whether the applicant met the 'Australian study requirement' as stipulated by clause 485.221 of Schedule 2 to the Migration Regulations 1994. This requirement mandates that the applicant must have satisfied the Australian study requirement in the six months immediately preceding the date of their visa application.

The primary legal issue before the Tribunal was to determine if the applicant had indeed satisfied the Australian study requirement. This involved interpreting the definition of 'completed' in relation to a qualification, which means meeting the academic requirements for its award, as per regulation 1.15F(2). The Tribunal also had to consider the specific dates of completion for the applicant's qualifications in relation to the six-month window before the visa application.

The Tribunal found that the applicant's Diploma in Hospitality Management was completed on 22 February 2018, with a course start date of 17 July 2017. However, the applicant's Advanced Diploma in Hospitality Management was certified as completed on 16 November 2018. As the visa application was made prior to 16 November 2018, and the completion of the Advanced Diploma fell outside the six-month period immediately before the application, the applicant did not satisfy the Australian study requirement. The Tribunal applied the definition of 'completed' and the specific timeframe stipulated in the regulations.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.