Young Chaung Sive (Migration)

The Administrative Appeals Tribunal considered the case of Young Chaung Sive, who sought review of a delegate's decision to refuse a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 Temporary Graduate visa, post-study work stream. The dispute centred on whether the applicant met the Australian study requirement, as his academic transcripts indicated completion of his Bachelor of Business degree on 12 March 2020, which was after he lodged his visa application on 3 March 2020.

The primary legal issue before the Tribunal was to determine the meaning of "completed" in the context of the Australian study requirement under clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause required that the applicant's qualification be completed within the six months immediately preceding the visa application. The Tribunal had to ascertain whether the date on the academic transcripts or the applicant's actual fulfilment of academic requirements constituted completion for the purposes of the regulation.

The Tribunal reasoned that the applicant's oral evidence, supported by his access to his university's student online account, demonstrated that he had met all academic requirements for his degree prior to lodging his visa application. He had confirmed his successful completion of outstanding subjects through this account before 3 March 2020. The Tribunal adopted the interpretation from a previous Migration Review Tribunal decision, which held that "completed" in relation to a qualification means meeting the academic requirements for its award, not necessarily the formal conferral. Therefore, the Tribunal found that the applicant satisfied clause 485.231.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the Australian study requirement under clause 485.231.