VASQUEZ VASQUEZ (Migration)

This matter concerned an appeal by the applicant, Vasquez Vasquez, against the Tribunal's decision to affirm the refusal of their Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The core of the dispute revolved around whether the applicant met the Australian study requirement for the visa.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the requirements of clause 485.231 of Schedule 2 of the Migration Regulations 1994. Specifically, the Tribunal had to ascertain whether clause 485.231 applied to the applicant, whether the applicant held a qualification of a kind specified by the Minister, whether that qualification was conferred by a specified educational institution, and crucially, whether the applicant met the Australian study requirement within the prescribed timeframe.

The Tribunal reasoned that clause 485.231 applied because the applicant did not meet the criteria for any of the alternative clauses (485.232 to 485.235). It was found that the applicant held a Master of Public Health degree, which was a specified qualification, and this qualification was awarded by The University of Queensland, a specified educational institution. However, the Tribunal determined that the applicant failed to meet the Australian study requirement, as the relevant study was completed after the visa application was made, and the applicant did not qualify for the extended 12-month period due to being outside Australia during the specified COVID-19 period.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa. The Tribunal also requested that the matter be referred to the Department for the Minister's attention.