Alhashmi (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream, made by an applicant against a decision concerning their eligibility. The central dispute revolved around whether the applicant had satisfied the Australian study requirement for the visa.

The Tribunal was required to determine whether the applicant held a qualification specified by the Minister, whether that qualification was conferred by a specified educational institution, and crucially, whether the applicant's study for that qualification met the Australian study requirement in the six months immediately preceding the visa application. This involved interpreting the definitions of "Australian study requirement," "registered course," and "completed" as set out in the Migration Regulations 1994 and relevant legislative instruments.

The Tribunal found that the applicant held a Master of Business, a qualification specified by the Minister, and that it was awarded by the University of Queensland, an institution registered on CRICOS and offering courses at degree level or above, thus satisfying the specified institution requirement. However, the Tribunal did not make a final determination on the Australian study requirement itself. Instead, it concluded that the matter should be remitted for reconsideration by the Minister.

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, with a direction that the applicant met the criterion under cl.485.231 of Schedule 2 to the Regulations. This indicated that while some aspects of the eligibility were met, further consideration was required for the remaining criteria of the visa application.