Valderrama Rojas (Migration)

The Administrative Appeals Tribunal considered the application of Ms. Valderrama Rojas for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) – Post-Study Work stream. The dispute centred on whether the applicant met the requirements for this visa, particularly the Australian study requirement.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the criteria outlined in clause 485.231 of the Migration Regulations. This involved assessing whether the applicant held a specified qualification awarded by a specified educational institution, and crucially, whether she had satisfied the Australian study requirement within the six months immediately preceding her visa application. The Tribunal also considered an alternative pathway for satisfying the Australian study requirement if the applicant had been unable to apply within the six-month period due to being outside Australia between 1 February 2020 and 19 September 2020.

The Tribunal reasoned that clause 485.231 was applicable to the applicant as there was no evidence she had previously held a Subclass 485 visa in the relevant streams. It was established that the applicant held a Bachelor of Commerce, a qualification specified by the Minister, and that this qualification was awarded by Griffith University, also a specified educational institution. The Tribunal found no suggestion that the applicant was outside Australia during the relevant period, thus requiring her to meet the Australian study requirement within the six months prior to her visa application. The definition of the Australian study requirement under regulation 1.15F(1) was applied, which mandates the completion of registered courses totalling at least 16 calendar months of study, representing at least two academic years, with all instruction in English, undertaken in Australia while holding a valid study visa.

Ultimately, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa. The Tribunal also noted that the second applicant, who applied as a member of the family unit, also had her review application dismissed.