Soerensen (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485. The central dispute concerned whether the applicant satisfied the Australian study requirement within the six months immediately preceding her visa application, as stipulated by clause 485.231 of the relevant regulations.

The Tribunal was required to determine if the applicant held a qualification conferred or awarded by a specified educational institution, and crucially, whether her study for that qualification met the Australian study requirement within the specified timeframe. The applicant had provided evidence of completing a Master of International Studies from the University of Sydney, with the degree requirements completed by 21 March 2019. However, the official certificate of completion was issued after the visa application date, and an unofficial academic result indicated a conferral date of 14 May 2019.

The Tribunal reasoned that the applicant had met the requirements of subclauses 485.231(1) and (2) as she held a Master's degree from the University of Sydney, both of which were specified in the relevant ministerial instruments. Regarding the Australian study requirement, the Tribunal found that the applicant had completed the academic requirements for her degree by 21 March 2019, which fell within the six months prior to her visa application. The Tribunal acknowledged the administrative delay in issuing the formal certificate of completion, but concluded that the academic completion date was the operative date for satisfying the study requirement.

Consequently, the Tribunal remitted the visa application for reconsideration, directing that the applicant had met the criterion under clause 485.231. The Minister was to consider the remaining criteria for the visa.