Tsingano (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream, brought before the Administrative Appeals Tribunal. The applicant sought to satisfy the primary criteria for this visa, specifically the requirement to have fulfilled the 'Australian study requirement' in the six months immediately preceding the date of the visa application.

The central legal issue before the Tribunal was whether the applicant had 'completed' her Graduate Diploma of Legal Practice within the specified six-month period prior to her visa application. The regulations define 'completed' in relation to a qualification as having met the academic requirements for its award. The applicant had provided evidence of completing a Bachelor of Laws/Bachelor of Science in August 2012 and indicated her Graduate Diploma of Legal Practice was completed in July 2014. However, the Department sought clarification on the precise date all requirements for the Graduate Diploma were met, as initial documentation suggested the coursework concluded in December 2013, with further components, including work experience, being completed later.

The Tribunal considered the definition of 'completed' and the evidence provided by the applicant. While the coursework for the Graduate Diploma of Legal Practice was finished in December 2013, the applicant did not satisfy all the requirements for the award of the qualification until 12 September 2014, when she completed the necessary work experience and continuing professional education components. This date was significantly after the six-month period preceding her visa application. Consequently, the Tribunal found that the applicant did not satisfy the Australian study requirement as stipulated by clause 485.221 of Schedule 2 to the Regulations.

As the applicant failed to meet this essential criterion for the Subclass 485 visa, and no other relevant visa subclass was being considered, the Tribunal affirmed the decision not to grant the visa.