YANG (Migration)

The Administrative Appeals Tribunal considered the application of Ms. Yang for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The primary dispute concerned whether Ms. Yang satisfied the Australian study requirement as stipulated by clause 485.231 of the Migration Regulations 1994. This requirement mandates that the applicant must have completed their study within the six months immediately preceding the visa application.

The legal issues before the Tribunal were whether Ms. Yang held a qualification specified by the Minister and whether that qualification was conferred or awarded by an educational institution specified by the Minister, thereby satisfying the Australian study requirement. The delegate had initially refused the visa, being unsatisfied that the applicant met clause 485.231, as the initial evidence suggested course completion occurred more than six months before the visa application was lodged.

The Tribunal reasoned that while an initial letter from the Australian National University indicated course completion in June 2017, Ms. Yang provided further evidence, including a subsequent letter from the university dated 6 April 2018. This later letter, accepted by the Tribunal as a correction, confirmed that Ms. Yang completed her course requirements on 5 July 2017, which was within the six-month period prior to her visa application. The Tribunal also confirmed that Ms. Yang held a Master's degree, a qualification specified by the Minister, and that the Australian National University was a specified educational institution.

Consequently, the Tribunal found that Ms. Yang met the criterion under clause 485.231. The Tribunal remitted the application to the Minister for reconsideration, with the direction that Ms. Yang satisfied this specific criterion for the Subclass 485 visa.