Wu (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream. The applicant sought review of a decision concerning whether they met the Australian study requirement. The Tribunal, constituted by Karen Synon, considered the evidence and claims presented.

The central legal issue before the Tribunal was whether the applicant satisfied the requirements of cl.485.231(3) of Schedule 2 to the Regulations, which mandates that the applicant's study for a specified qualification must have met the 'Australian study requirement' in the six months immediately preceding the visa application. This, in turn, required determining the correct date of completion for the applicant's qualification, as defined by the Regulations.

The Tribunal applied the definition of 'completed' in r.1.15F(2) of the Regulations, which signifies meeting the academic requirements for an award. It referred to the precedent set in *Sapkota v MIAC*, which established that the relevant date of completion is when the educational institution finalises the results, not when the student is informed or when the award is conferred. Based on a 'Statement of Qualification' from the University of Western Australia, which stated the applicant completed their Bachelor of Commerce on 10 July 2018, the Tribunal found this date fell within the six-month period before the visa application was made on 22 October 2018. The Tribunal also found that the qualification met the other criteria for the Australian study requirement, including being a registered course completed over at least 16 months and two academic years, conducted in English, and undertaken on a student visa.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant meets the criterion under cl.485.231(3) of Schedule 2 to the Regulations.