Basnet (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa under the Post-Study Work stream. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal was required to determine whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994, which pertains to the Australian study requirement.

The primary legal issue before the Tribunal was whether the applicant had satisfied the Australian study requirement as defined by the regulations. This involved assessing whether the applicant held a qualification specified by the Minister, conferred by a specified educational institution, and whether their study for that qualification met the criteria outlined in regulation 1.15F. Specifically, the Tribunal had to consider if the applicant's Bachelor of Information Technology, awarded by Victoria University, met the requirements of IMMI 13/013 and IMMI 14/010, and if the study for this qualification was completed in accordance with the duration, academic year, English instruction, and visa conditions stipulated by the regulations.

The Tribunal reasoned that the applicant had satisfied the requirements of clause 485.231. It found that the applicant held a Bachelor of Information Technology, a qualification specified under IMMI 13/013, and that this qualification was conferred by Victoria University, an institution specified under IMMI 14/010. The Tribunal concluded that the applicant met the Australian study requirement as defined in regulation 1.15F, which requires completion of registered courses totalling at least 16 calendar months and at least two academic years of study, with all instruction in English, undertaken in Australia on a visa authorising study. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criterion under clause 485.231.