Ali v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1311

Ali v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1311

For migration regulation purposes, the completion of a tertiary qualification occurs when the applicant has fulfilled the academic requirements for the award, i.e., completed all units and has been assessed as satisfactory by the academic supervisor, regardless of later administrative or board ratification. The Tribunal and Federal Circuit Court erred in deferring only to the university's nominated date; completion may occur earlier, and the matter should be remitted for proper determination.

Jurisdiction
Australia
Judgment Date
27 October 2021
Procedural Posture
Judicial Review Appeal / Appeal From Federal Circuit Court, Review of Administrative Appeals Tribunal Decision
Outcome
Appeal allowed
Legal Topics
['australian Study Requirement' 'visa Eligibility' 'judicial Review' 'completion of Academic Qualification']
['administrative Law' 'migration Law'] ['australian Study Requirement' 'visa Eligibility' 'judicial Review' 'completion of Academic Qualification']

Case Brief

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Procedural Posture

Judicial Review Appeal / Appeal From Federal Circuit Court, Review of Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ["When is a tertiary qualification 'completed' for migration purposes under reg 1.15F of the Migration Regulations 1994?" 'Does completion require university board ratification or assessment as satisfactory by academic supervisor?' "Is the decision-maker bound by the education provider's nominated completion date?"]

Ratio Decidendi

For migration regulation purposes, the completion of a tertiary qualification occurs when the applicant has fulfilled the academic requirements for the award, i.e., completed all units and has been assessed as satisfactory by the academic supervisor, regardless of later administrative or board ratification. The Tribunal and Federal Circuit Court erred in deferring only to the university's nominated date; completion may occur earlier, and the matter should be remitted for proper determination.

Court Disposition

Appeal allowed

Orders

  • ['The appeal be allowed.' 'The orders of the primary judge made on 19 October 2020 be set aside.' 'The application for judicial review be allowed.' "The Administrative Appeals Tribunal's decision dated 5 July 2019 be set aside." 'The application for review dated 27 March 2018 be remitted to the Tribunal for hearing...