Tandiarak (Migration)

This matter concerned an appeal by an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream, against a decision to refuse the visa. The appeal was heard by Karen McNamara of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the Australian study requirement as stipulated by clause 485.231 of the Migration Regulations. Specifically, the Tribunal had to determine if the applicant's study for a specified qualification was completed within the six months immediately preceding the visa application date, as required by the regulations.

The Tribunal found that while the applicant held a specified qualification (Bachelor of Aviation (Management) from the University of New South Wales) conferred by a specified educational institution, the applicant's study did not meet the Australian study requirement. This requirement, as defined by regulation 1.15F(1), necessitates the completion of study within the six months immediately before the visa application. The applicant completed their qualification on 2 December 2016 and lodged their visa application on 17 August 2017, a period exceeding six months. Although the applicant provided evidence that financial difficulties delayed their application, the Tribunal noted that the regulations do not grant it discretion to waive this requirement.

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.