Table of Contents
Analysis of Joseph v Minister for Immigration & Anor  FCCA 1478 (25 May 2018)
Analysis of Tobon v Minister for Immigration & Anor  FCCA 2208 (26 September 2014)
The current study is based on the analysis of the two cases related to Class VC Skilled Provisional Temporary Graduate. It presents the general query of the students within a class regarding the application of visa along with the several queries from the visa department.
The case of Joseph v Minister for Immigration & Anor  FCCA 1478 (25 May 2018) depicts the application of subclass 485 visa1. This particular case points out that the application of the mentioned visa is not easy and the applicants are going to be facing certain issues within it. Joseph was the applicants of this case mastering from Deakin University in the field of engineering. The applicants seem to be applying on 25 June 2015 and the course seems to be completed by the applicants after 6 months.
However, after launching the application, the applicant was asked for relevant documents regarding the purpose that includes a confirmation letter regarding the date of completion of the course. However, as Joseph did not complete the course and it was also confirmed by the authority, therefore, the application was rejected by the visa department. As per Part 485 of Schedule 2 of the Migration Regulations 1994, step one involves the verification of these individual within 12 months2. This case was upheld by the Tribunal court and after the issues were found to be legal by the Federal Circuit Court, the visas department was found to be of no error in the situation.
After that, Joseph seems to be relying on the judgement of the High court. However, the high court also seems to be agreeing to the decision taken by the federal court. It is because, as per the High court, the main requirements of the application of visa include completion of the course that is being persuaded by the applicants. In addition to this, step two of the Migration Regulations 1994 also states application applying under the Post-Study Work needs to complete the designed degree3. In this respect, the word or the criteria completed is considered to be the historical pre-condition in terms of granting a visa.
In addition to this, it was also pointed by the court that the completion of the course is not the main requirements of granting visa. An applicant can also apply for a visa by not completing the desired course. The thing that is needed is the confirmation from the university regarding the completion of the course by the applicants4. Hence it can be analysed from this case that the level of completion is the main requirement of granting visa. Therefore, the main issues that underline this case was the illegal steps of accruing the visa application., in addition to this, applying to the visa before completion of the criteria needed for visa requirements are also stated in this case.
The question of the second student in the case was regarding the application of the visa. Particularly it was being asked whether he has to wait for the letter of completion in order to apply for the visa. Therefore, in regards to the current case, it can be answered that the second student needs to wait for the letter of completion from the university before applying to the permission of visa5. However, after completion of the course if he does not get the letter of completion from the university then also he cannot apply to visa permission. On the other hand, judging the case of Joseph and analysing the statement from High Court it can also be stated that, though the second student has not yet completed the course, if he gets the confirmation letter of completion from the university then he can apply for the visa.
In this case of Tobon v Minister for Immigration & Anor  FCCA 2208 (26 September 2014) it can be seen that application seeking for a visa must meet the Australian standard of education as per clause 485.222 of Schedule 2 of the Migration Regulations6. This applicants in the current case seem to be studying in the field of civil engineering from the Colombia University.
Apart from this, the application also undertakes a diploma option in the fields of management of human resource. However, in terms of applying for the visa, the applicants seem to be maintaining the degree of civil engineering while ignoring the degree of human resource management. However, after obtaining the necessary documents from the applications, the department of visa observed that the human resource management course has been adopted by the applicant was not closely related to the civil engineering field, as mentioned in the information section of the applicants. Hence, this leads to the cancellation of the application by the visa department7.
However, the term, closely related was misinterpreted by the court. In this respect, it was also being assumed that the applicants had no prior knowledge of the field of engineering. In respect to this case, the query of the first student can be answered. As per the students, he was being asked by the visa department regarding the late submission of the skill assessment.
Therefore, analysing the current case it can be depicted that the student must answer all the queries of the visa department. It is because, as per the present case, a little doubt seems to cancel the application. Hence, the student must openly welcome the discussion section of the department and try to resolve all the queries8. Eventually, he should also make an effort in trying to make them understand the reason for the late submission of the skill assessment. Therefore, it will be effective in managing the visa department along with assisting him in facing the visa through proper ways.
Based on the overall study it can be concluded that the as per the Migration regulation of Australia, visa department has been strict through the process of granting a visa to the applicants. The applicants applying for the visa must maintain all the standard of Australian education and must provide details to the course adopted by them along with the completion letter. In regards to both the cases, it can also be stated that the students must also be having a confirmation letter from the university before applying for the visa. Therefore, the case of Joseph v Minister for Immigration & Anor  FCCA 1478 (25 May 2018) and Tobon v Minister for Immigration & Anor  FCCA 2208 (26 September 2014) are probably the perfect cases for answering the queries of the two students from Class VC Skilled Provisional Temporary Graduate.
Joseph v Minister for Immigration & Anor  FCCA 1478 (25 May 2018)
Tobon v Minister for Immigration & Anor  FCCA 2208 (26 September 2014)
485.222, Schedule 2 of the Migration Regulations, 485.
Part 485 of Schedule 2 of the Migration Regulations 1994, 485.
Migration Regulations 1994, 65.
Donnelly, Jason. "Utilisation of National Interest Criteria in the Migration Act 1958 (Cth)-A Threat to Rule of Law Values." Victoria UL & Just. J. 7 (2017): 94.
Morales, Katelin. "Australia's Guantanamo Bay: How Australian Migration Laws Violate the United Nations Convention Against Torture." Am. U. Int'l L. Rev. 31 (2016): 327.
von Takach Dukai, Brenton, et al. "Pervasive admixture between eucalypt species has consequences for conservation and assisted migration." Evolutionary applications 12.4 (2019): 845-860.
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