Zheng (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The dispute centred on whether the applicant met the Australian study requirement as stipulated by the Migration Regulations.

The primary legal issue before the Tribunal was whether the applicant satisfied the Australian study requirement, which mandates completion of qualifying study within a specific timeframe relative to the visa application date. This requirement is further defined by criteria including the duration of study, the number of academic years, the language of instruction, and the applicant's visa status during their studies. The applicant's qualification, a Master of Professional Accounting, was completed on 4 May 2020.

The Tribunal found that while the applicant's Master of Professional Accounting qualification met several criteria for the Australian study requirement, including being a registered course completed over at least 16 calendar months and two academic years with English instruction, it was completed more than six months before the visa application was made. Regulation 485.221(a) requires satisfaction of the Australian study requirement in the six months immediately before the application date. Regulation 485.221(b) provides an exception for applicants unable to apply within six months due to being outside Australia between 1 February 2020 and 19 September 2020, but this exception was not applicable to the applicant's circumstances. The Tribunal affirmed the decision not to grant the visa.