Federal Court. For subclass 485, must the Australian study requirement be satisfied, at the latest, on the day before the application for the visa is made? Is the date of completion of a course for the purpose of the Regulations what the education provider considers it should be? Is a course completed for the purpose of the Regulations as soon as an academic supervisor has positively assessed each unit of study?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Clause 485.231(3)(a) required a visa applicant to satisfy the Australian study requirement (ASR) "in the period of 6 months immediately before the day the application was made". Must the ASR be satisfied, at the latest, on the day before the application for the visa is made?
Question 2: Is the date of completion of a course for the purpose of cl 485.231(3)(a) what the university considers it should be?
Question 3: Can it be said that "assessment by an applicant’s immediate academic supervisor with respect to each unit of study is ... sufficient, such that completion occurs when a student’s final unit of study is assessed as satisfactory by the relevant academic supervisor"? Or is a course only completed for the purpose of cl 485.231(3)(a) when the education provider so ratifies?
The FCA answered those questions as follows: