Sultan (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 Temporary Graduate visa, post-study work stream. The applicant sought review of a decision concerning their eligibility for this visa. The case was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the Australian study requirement as stipulated by clause 485.231 of Schedule 2 to the Migration Regulations 1994. This requirement mandates that the applicant's study for a specified qualification must have been completed within the six months immediately preceding the day on which the visa application was made. The Tribunal was required to determine the meaning of "completed" in this context and whether the applicant's academic achievements met this criterion.

The Tribunal considered the definition of "completed" under regulation 1.15F(2), which states it means having met the academic requirements for the award of the qualification. The applicant provided an International Notification of Completion from Victoria University, indicating they had satisfied the requirements for a Master of Business Analytics (Professional) degree. The Tribunal found that the applicant held a specified qualification conferred by a specified educational institution and that their study met the Australian study requirement. The Tribunal concluded that the applicant met the criteria under clause 485.231.

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