Bawa (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically under the Post-Study Work stream of the Subclass 485 visa. The applicant sought to satisfy the criteria for this visa, which included meeting the Australian study requirement within the six months preceding the visa application. The Tribunal was required to determine whether the applicant had met these requirements.

The central legal issue was whether the applicant's Master of Business Informatics qualification satisfied the Australian study requirement as stipulated by the Regulations. This involved assessing whether the qualification was of a kind specified by the Minister, conferred by a specified educational institution, and whether the study undertaken for that qualification met the duration and other criteria outlined in the Regulations, particularly r.1.15F(1).

The Tribunal found that the applicant held a Master of Business Informatics, which was a specified qualification, and that it was awarded by the University of Canberra, a specified educational institution. However, the Tribunal determined that the applicant's study for this qualification did not satisfy the Australian study requirement. This requirement, under r.1.15F(1), mandates the completion of at least 16 calendar months of study, resulting from at least two academic years of study, undertaken in Australia while holding a valid study visa. The applicant's study, while meeting the qualification and institution criteria, did not meet the minimum duration of 92 weeks (equivalent to two academic years) required for the Australian study requirement.

Consequently, the Tribunal affirmed the decision not to grant the Skilled (Provisional) (Class VC) visa to the applicant and, by extension, to the second and third applicants who had applied as members of her family unit.