Sood (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream. The applicant sought Ministerial Intervention, but the Tribunal affirmed the original decision.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 485.231 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant held a qualification specified by the Minister, if that qualification was conferred by a specified educational institution, and crucially, if the applicant’s study for that qualification satisfied the ‘Australian study requirement’ in the six months immediately preceding the visa application.

The Tribunal found that the applicant held a Bachelor of Commerce, a qualification specified by IMMI 13/013, and that it was conferred by Griffith University, an institution specified by IMMI 14/010. However, the Tribunal determined that the applicant did not satisfy the ‘Australian study requirement’ as defined by regulation 1.15F(1). While the applicant completed their degree within the specified period and demonstrated an excellent academic record, including awards for academic excellence and membership in an honour society, the Tribunal concluded that these achievements, while commendable, were not sufficiently compelling or unique to warrant Ministerial intervention. The Tribunal noted that the applicant could make a direct request to the Minister if they believed their circumstances met the Ministerial Guidelines.

Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.