Why Mr. Bob 485 visa was refused?
485 Visa Post Study Work Stream
485 Visa Refused?
Mr. Bob Travelled a lot during his studies resulting in refusal of visa.
Mr. Bob was studying in Bachelor of Business Management. His course was 104 weeks . University Offered him fast track course. So, he finished this course in 17 months.
After finishing course, Bob made an application for the 485 Post Study Work Visa. However, surprisingly his visa was refused. He was quiet surprised because his batch mate got visa approved quickly studying the same course.
Mr. Bob visa was refused because of the Australian Study requirements.
Australian Study requirements states that the course should be at least 92 weeks and should not be completed before 16 months. The person must be physically available while studying.
As Mr. Bob's course was 17 months. In each holidays, he travelled overseas couple of time to see his parents and friends which made him available for less than 16 months physical stay in Australia while studying.
Australian Migration Regulation 1.15F states that:
(1) A person satisfies the Australian study requirement if the person satisfies the Minister that the person has completed 1 or more degrees, diplomas or trade qualifications for award by an Australian educational institution as a result of a course or courses:
(a) that are registered courses; and
(b) that were completed in a total of at least 16 calendar months; and
(c) that were completed as a result of a total of at least 2 academic years study; and
(d) for which all instruction was conducted in English; and
(e) that the applicant undertook while in Australia as the holder of a visa authorising the applicant to study.
(2) In this regulation: completed, in relation to a degree, diploma or trade qualification, means having met the academic requirements for its award.
The effect of Regulation 1.15F (b) is that 16 calendar months is the minimum period that the applicants are required to have been physically present in Australia while studying. This 16 month period begins when the applicant's study commences to the date at which all academic requirements have been completed.
Case officer checked the departmental records and found that Mr. Bob was present for only 15 months during the period of his Bachelor studies.
As the applicant was not physically present in Australia for at least 16 calendar months during the period of his Bachelor studies, case officer found that the applicant do not satisfy the requirements of Regulation 485.231(3).
Therefore, the application was refused for Subclass 485.
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