Zozime (Migration)

The Administrative Appeals Tribunal considered a dispute concerning a Skilled (Provisional) (Class VC) visa, Subclass 485, applied for by Sophia Zozime. The core of the disagreement revolved around whether Ms. Zozime met the "Australian study requirement" for the visa.

The Tribunal was tasked with determining two primary issues: first, whether the applicant satisfied the Australian study requirement, and second, if so, whether this requirement was met within the six months immediately preceding the visa application date. The applicant had provided evidence of completing a Diploma of Early Childhood Education and Care at the Queensland Academy of Technology, with initial documentation suggesting completion by 2 December 2016. However, further correspondence from the educational institution clarified that the applicant's final assessments were marked and her academic file finalised on 17 January 2017, after an extension for outstanding assignments.

The Tribunal found that the Diploma of Early Childhood Education and Care was a registered course, satisfying the initial criterion. It was also satisfied that the applicant's study, which commenced on 3 March 2015, was completed on 17 January 2017, thus meeting the duration requirement of at least 16 calendar months. Furthermore, the Tribunal confirmed that the course met the CRICOS registration requirements regarding duration and instruction in English. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criterion specified in cl.485.221 of Schedule 2 to the Regulations.