Tam (Migration)

The Administrative Appeals Tribunal considered the case of Tam, an applicant for a Skilled (Provisional) (Class VC) visa, specifically the Post-Study Work stream of the Subclass 485 visa. The dispute centred on whether the applicant met the Australian study requirement for the visa.

The Tribunal was required to determine if the applicant satisfied the criteria for the Subclass 485 visa, particularly clause 485.231, which mandates holding a specified qualification awarded by a specified educational institution and meeting the Australian study requirement in the six months immediately preceding the visa application. The core issue was whether the applicant's study for a Masters by Coursework Degree, Doctor of Medicine at the University of Queensland, met these requirements, specifically the timing of the course completion relative to the visa application.

The Tribunal found that while the applicant held a specified qualification (Masters Degree) conferred by a specified educational institution (University of Queensland), the applicant did not meet the Australian study requirement. This was because the applicant lodged their visa application prior to the completion of their course, as defined by the regulations. The Tribunal noted that the regulations do not provide discretion in this regard, and the requirement is to have completed the study in the six months immediately before the application was made.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa, as the applicant failed to satisfy the criteria for the Subclass 485 visa.