Wati (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Post-Study Work stream. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal, constituted by Amanda Mendes Da Costa, was tasked with determining whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was the interpretation and application of clause 485.231 of the Migration Regulations 1994, specifically concerning the requirement to have satisfied the ‘Australian study requirement’ in the six months immediately before the date of the visa application. The Tribunal also considered whether the applicant met the alternative timeframe of 12 months if unable to apply within six months due to being outside Australia during a specified period.

The Tribunal reasoned that clause 485.231 applied to the applicant as they did not meet the requirements of clauses 485.232 or 485.233. The applicant had lodged their visa application on 1 July 2021, declaring a Bachelor of Commerce course completed on 30 June 2021. However, documentation from Deakin University indicated a completion date of 8 July 2021, with graduation on 5 October 2021. The applicant provided a statement explaining a genuine mistake, believing the course end date on their enrolment confirmation was the completion date, and that they had been advised by the university that all course requirements were met prior to lodging the application. The Tribunal accepted this explanation, finding that the applicant met the requirements of clause 485.231.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with the direction that the applicant meets the criterion specified in clause 485.231 of Schedule 2 to the Regulations.