YIP (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream, made by Ms Yip. The dispute centred on whether Ms Yip had satisfied the Australian study requirement within the six months immediately preceding her visa application. The Administrative Appeals Tribunal (AAT) considered the matter on the papers, without holding a hearing.

The primary legal issue before the Tribunal was whether Ms Yip had "completed" her Bachelor of Pharmacy within the six months prior to her visa application on 4 March 2018, as required by clause 485.231(3) of Schedule 2 to the Migration Regulations 1994. This required the Tribunal to determine if her study met the definition of the "Australian study requirement" as set out in regulation 1.15F of the Regulations.

The Tribunal reasoned that the definition of "completed" in regulation 1.15F(2) means having met the academic requirements for the award of the qualification, and this does not necessitate the formal conferral of the degree. While Ms Yip's certificate did not explicitly state a completion date, the Tribunal had regard to her academic transcripts and a letter confirming her completion date. Based on this material, the Tribunal found that Ms Yip had satisfied the Australian study requirement within the relevant timeframe. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Ms Yip met the criterion in clause 485.231(3).