485 Visa is not as easy as you thought

First of all, here are some basic criteria to meet:

Meet the common criteria of clauses 485.212 – 485.215:

  • Submit evidence of a satisfactory score on an English language proficiency test;
  • Submit evidence that each person included in the application has applied for an Australian Federal Police check during the 12 months immediately before the application was made;
  • Make sure that when the application is made, it is “accompanied” by evidence that the applicant has made adequate arrangements in Australia for health insurance;

If the application is made under the Post-Study Work stream by a person who has completed a higher education degree, bachelor’s, master’s or doctorate, that the criterion of sub-regulation 485.231(3) is met:

  • The applicant’s study for the qualification or qualifications satisfied the Australian study requirement in the period of 6 month ending immediately before the day the application was made.

Sounds easy? Think twice. A recent case that was heard by Judge Kirton in the Federal Circuit Court, Joseph v Minister for Immigration and Border Protection(2018) FCCA 1478 (25 May 2018) illustrates that applying for a subclass 485 visa “ain’t” as simple, easy and straightforward as it may appear to be.

The situation was that the applicant, a citizen of India, had undertaken a Master of Engineering at Deakin University, with the course running from 25 February 2013 – 15 March 2015.

The applicant lodged his application for the 485 visa on 25 June 2015. Well within the 6 month period after he finished the course. However, after the application was lodged, a delegate of the Minister sent a letter requesting more information and documents, including a letter confirming the completion date of the applicant’s Australian qualification. This letter was supplied by the applicant and it stated that the completion date for his studies was actually 9 July 2015, a date after the date that he had lodged his application, moreover, the applicant’s academic transcript also confirmed that he had completed the course requirements on 9 July 2015.

So the 485 visa application was refused by the Department, and the refusal was upheld by the Tribunal, on the basis that it had been lodged before the applicant had actually been certified by his course provider to have completed the course. And the Federal Circuit Court found that there was no jurisdictional error in this decision.


Please make sure that before submitting, you have all the required documents on your hand, do not negligent any date requirement.

The advice above is to be taken as general in nature and advice specific to your situation should be done in consultation with a registered migration agent.

sources: https://migrationalliance.com.au/immigration-daily-news/entry/2018-07-another-case-shows-485-visas-not-always-as-easy-as-apple-pie.html