1517173 (Migration)

The Administrative Appeals Tribunal considered the application of an individual seeking to satisfy the primary criteria for a Subclass 485 visa in the Post Study Work stream. The central dispute concerned whether the applicant met the 'Australian study requirement' as stipulated by clause 485.231(3) of Schedule 2 to the Regulations, which mandates completion of this requirement in the six months preceding the visa application.

The Tribunal was required to determine if the applicant satisfied the definition of the 'Australian study requirement' under regulation 1.15F(1). This involved assessing whether the applicant had completed one or more registered courses at an Australian educational institution, undertaken while holding a study-authorising visa in Australia, that collectively lasted at least 16 calendar months and involved at least two academic years of study, with all instruction conducted in English. The Tribunal also had to consider the defined terms within the Regulations, including 'completed' and 'academic year', with the latter specified as at least 92 weeks of study.

The Tribunal reasoned that the applicant had provided sufficient evidence to satisfy the 'Australian study requirement'. Specifically, the applicant's completion of a Masters of Professional Accounting course, registered for 104 weeks, met the duration and academic year requirements. The Tribunal was satisfied that the course was completed in over 16 calendar months, that all instruction was in English, and that the applicant held a valid study visa during the period of study. The applicant's completion date of 10 July 2015 fell within the six months prior to the visa application date of 28 August 2015.

Consequently, the Tribunal found that the applicant met the requirements of clause 485.231(3) and remitted the application to the Minister for reconsideration of the remaining visa criteria.