Zheng (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream, brought before the Tribunal. The applicant sought review of a decision concerning their eligibility for the visa, with the central dispute revolving around whether the applicant had satisfied the Australian study requirement in the six months immediately preceding their visa application.

The Tribunal was required to determine whether the applicant met the criteria set out in clause 485.231 of Schedule 2 to the Migration Regulations 1994. Specifically, this involved assessing whether the applicant held a qualification of a kind specified by the Minister, conferred by a specified educational institution, and whether their study for that qualification satisfied the Australian study requirement in the six months immediately before the visa application was made. The definition of the Australian study requirement under regulation 1.15F(1) was also a key consideration.

The Tribunal found that the applicant held a Master of Business and a Bachelor of Business, both conferred by specified educational institutions, thus satisfying subclauses 485.231(1) and 485.231(2). However, the Tribunal noted that the applicant's evidence regarding the completion of their study within the six months immediately prior to the visa application required further consideration. While the applicant's qualifications met the specified criteria, the precise timing of their study completion in relation to the visa application date was the critical factor for the Australian study requirement.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with the direction that the applicant had met the criterion under clause 485.231. The Minister was to consider the remaining criteria for the visa.