Yousuf (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically the post-study work stream of the Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision not to grant the visa. The central dispute revolved around whether the applicant met the Australian study requirement as stipulated by the relevant legislative instruments.

The legal issues before the Tribunal were whether the applicant held a qualification specified by the Minister, whether that qualification was conferred by an educational institution specified by the Minister, and crucially, whether the applicant's study satisfied the Australian study requirement within the six months immediately preceding the visa application. The Australian study requirement, as defined, necessitates the completion of one or more degrees, diplomas, or trade qualifications awarded by an Australian educational institution as a result of a course or courses.

The Tribunal found that the applicant held two specified qualifications, a Master of Engineering Management and a Master of Engineering, conferred by Queensland University of Technology, which was a specified educational institution. However, the applicant failed to satisfy the Australian study requirement. The evidence indicated that the applicant completed their Master of Engineering Management between July 2018 and June 2019, and their Master of Engineering between July 2019 and June 2020. As the visa application was made after June 2020, neither qualification was completed within the six months immediately prior to the application. The Tribunal noted that the applicant's academic achievements and potential misunderstanding of the requirements were matters for the applicant to present to the Department for possible referral to the Minister.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.