To- 1st student and 2nd student
From- Consultant for visa matters and guest lecturer at the University.
Date-8th May 2020
Subject-Suggestion for queries regarding the visa-related issue
This memo is written to answer the queries of student1 and student2 regarding class VC Skilled Provisional Temporary Graduate (subclass485) visa-related issues which they inquired during the information session that I was invited to conduct in the university for imparting my knowledge among the university students.
Firstly, I'll answer to the inquiry made by student 1 during the information session. I wasn’t able to reply to your query as I felt that it was inappropriate to address such a personal query and since you ringed me up in my office, I felt the need to reply to your question. As I can recall, you were invited by the Home Affairs to comment as to why you submitted your skills assessment after submitting your application for Class VC Skilled Provisional Temporary Graduate visa. So, to answer to your inquiry I did some research while doing such research I came across few case laws and among which the case law regarding Khan v Minister of Immigration and Anor made the most relevance. In this case, it was stated that under clause 485.233 of the Migration Rules 1994 that, at the time of applying for the Class VC Skilled Provisional Temporary Graduate (subclass485) visa, the application must be accompanied by a record showing the assessment of his skills(Crown, Faggian & Corcoran,2020).
In the above case-law, the facts stated that before applying for the subclass 485 visas Mr.Khan applied for the skill assessment but did not get any certificate at the time of submitting the form. So, during the time of filling up the form for subclass 485 visa, he had to tick the box beside the “NO” option as he had no certificate of skill assessment. On the evaluation of his application, the department had to cancel his application for the visa as he lacked proper records, to proof he had appeared for skill assessment. In another case referred by the court of law, during the proceedings of the case, it stated that if the records showing the skill assessment is not provided with the application of subclass 485 visas within five months after the date of submission of application. It will be considered as not submitted by the department at the time of assessment of the visa application. The court ruled with the decision made by the department. Since, I was not informed about the duration of time after which you submitted the skill assessment certificate, if you have submitted it within five months then you can take the reference of the above case law to justify your argument. And also you have not stated any reason as to why you were late in submitting the record of your skill assessment so, in my opinion, you should express the actual reason for your late submission.
Secondly, the question asked by the student 2 was that whether he can apply for the class VC Skilled Provisional Temporary Graduate under (subclass 485)visa before his university grants him the completion letter of his course. Or whether he can apply for the same after handing his last assignment as he is aware of how long the processing time takes.
So, while researching on your queries, I came across four case laws which were relevant to the question you made. And among them, the case of Joseph v Minister for Immigration and Anor(2018) made the most relevance. After studying the case, I understood that there are few criteria that a student must fulfil before applying for a Temporary Graduate Visa, which is mentioned under subclass 485 schedules 2 of the Migration Regulations 1994:
• The student applying must provide evidence that he cleared a profound English language test.
• The applicant must apply for a police verification one year before the date of application.
• The applicant should have health insurance made in Australia and is capable of providing relevant documents supporting his statement.
In the case law which I studied an Indian student named Joseph applied for the subclass 485 visa dated as 25th June 2015. While going through his application and making relevant investigation, the Department of Home affairs came across the fact that the course under which he was enrolled in while applying for the subclass 485 visa was incomplete. Still, instead, he got his completion certificate way after applying. Therefore, his visa was cancelled after that.
And he appealed to the High Court. The High Court stated that the regulation applicable to his appeal is 485.231(3). It states that the applicant must complete his previous course under which he is enrolled in before applying for a Class VC Skilled Provisional Temporary
Graduate(subclass485)visa that the applicant needed to provide his certificate of completion of his previous course with the application for the visa. So, the High Court stuck with the decision made by the Minister of Home Affairs on cancellation of his application. Hence, I will suggest you wait for getting your course completion certificate patiently before applying for the visa. Otherwise, on the investigation, if the Ministry of Home Affairs finds out that you submitted your application before getting your course completion certificate, then they will have to cancel your application and would not grant you the visa.
I did my research and discussed relevant cases in context to two of your queries during my information session at your university. My research shows that the Class VC Skilled Provisional Temporary Graduate (subclass 485)visa requires two criteria to be fulfilled before accepting the application (Grimm 2019).
• The application must be submitted with the record having the skill assessment
• and, the application must be made after getting the certificate of the completion of the course one is enrolled under by the university.
And I hope both of you are satisfied with my suggestions and I am in any way able to help you both.
Australian Government,(2020) Temporary Graduate visa URL:https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485
[Last Date Accessed: 08.05.2020]
Student visa or Graduate Visa
URL : https://www.australiamigrate.com/visa-types/student-visa-or-graduate-visa/graduate-visa-subclass-485/
[Last Date Accessed : 08.05.2020]
The Migration Act,1958.
Crown, D., Faggian, A., & Corcoran, J. (2020). Foreign-Born graduates and innovation: Evidence from an Australian skilled visa program✰,✰✰,★,★★. Research Policy, 103945.
Grimm, A. (2019). Studying to stay: Understanding graduate visa policy content and context in the United States and Australia. International Migration, 57(5), 235-251.
Spinks, H., & Koleth, E. (2016). Overseas students: immigration policy changes 1997–2015. Social Policy Section. Commonwealth Parliament of Australia, Parliamentary Library.
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