Bailey (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Bailey concerning an application for a Subclass 485 (Temporary Graduate) visa, specifically the Post-Study Work stream. The applicant sought review of a decision to refuse this visa. The core of the dispute revolved around whether the applicant had met the Australian study requirement for the visa.

The primary legal issue before the AAT was whether the applicant's completion of an Advanced Diploma of Hospitality Management constituted a "specified qualification" for the purposes of satisfying the Australian study requirement under the relevant legislative instrument, IMMI 13/013. This required the Tribunal to interpret the criteria for the Post-Study Work stream and determine if the applicant's qualification qualified them for that particular stream.

The Tribunal found that the applicant had not met the Australian study requirement as defined for the Post-Study Work stream. While the applicant had completed a qualification in Australia, it was not a qualification that met the specific criteria for this stream. Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.