Stival (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The applicant sought to satisfy the primary criteria for this visa, specifically clause 485.221 of Schedule 2 to the Regulations, which requires the applicant to have satisfied the ‘Australian study requirement’ in the six months immediately preceding the visa application. The dispute centred on whether the applicant met this study requirement. The decision was made by the Tribunal.

The legal issue before the Tribunal was whether the applicant had satisfied the ‘Australian study requirement’ as defined by regulation 1.15F(1) of the Regulations. This requirement mandates the completion of one or more registered courses, conducted in English, undertaken in Australia while holding a study-authorised visa, over a total of at least 16 calendar months and resulting in at least two academic years of study. An academic year is defined as at least 46 weeks. The delegate had previously determined that the applicant’s declared courses amounted to 90 weeks of study, falling short of the minimum 92-week requirement.

The Tribunal considered additional documentation provided by the applicant, including a letter of confirmation and a record of results for a Diploma of Leadership and Management. These documents indicated that the applicant commenced this course on 24 August 2020 and completed it on 4 June 2021, a duration of 36 weeks. The Tribunal was satisfied that this course met the criteria of being delivered in English, within the Australian Qualification Framework, and studied as a full-time load. When combined with the applicant's previously declared courses, the Tribunal found that the applicant now met the Australian study requirement under clause 485.221. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria.