Srithila (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, which included meeting the 'Australian study requirement' and ensuring that any qualifications used to meet this requirement were closely related to their nominated skilled occupation. The central dispute revolved around whether the applicant had met these specific criteria.

The legal issues before the Tribunal were whether the applicant had satisfied the 'Australian study requirement' as defined by regulation 1.15F of the Migration Regulations 1994, and whether the qualifications relied upon met the stipulated timeframes for application. Specifically, the Tribunal had to determine if the applicant had completed their Australian study requirement within the six months immediately preceding the visa application, as mandated by clause 485.221(a) of Schedule 2 to the Regulations.

The Tribunal's reasoning focused on the applicant's stated completion dates for their qualifications. The applicant had completed a Diploma of Hospitality Management between 1 July 2019 and 2 December 2019. The Tribunal noted that clause 485.221(a) requires the Australian study requirement to be satisfied in the six months immediately before the day the visa application was made. As the applicant's Diploma of Hospitality Management was completed more than six months prior to the application date, they failed to meet this crucial criterion. The Tribunal also considered the definition of 'completed' in relation to qualifications, which means having met the academic requirements for their award, and the requirements for satisfying the Australian study requirement, including the duration and nature of the study.

Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 485 visa. The decision under review, which affirmed the refusal of the visa, was therefore affirmed by the Tribunal.