Benavent (Migration)

The Administrative Appeals Tribunal considered the case of an applicant for a Skilled (Provisional) (Class VC) visa. The central dispute concerned whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994, which mandates holding a specified qualification awarded by a specified educational institution, with the study for that qualification satisfying the 'Australian study requirement' in the six months prior to the visa application.

The Tribunal was required to determine three key issues: first, whether the applicant possessed a qualification of a kind specified by the Minister; second, whether that qualification was conferred or awarded by an educational institution specified by the Minister; and third, whether the applicant's study for the qualification met the 'Australian study requirement' as defined by regulation 1.15F(1). This latter requirement involved assessing whether the applicant completed one or more degrees, diplomas, or trade qualifications from an Australian educational institution, registered courses, completed over at least 16 calendar months, involving at least two academic years of study, with all instruction in English, and undertaken in Australia while holding a study-authorising visa.

The Tribunal found that the applicant's Bachelor of Computer Science was a specified qualification under IMMI 13/013, and it was awarded by the University of Wollongong Australia, a specified institution under IMMI 13/031. Crucially, the Tribunal concluded that the applicant met the 'Australian study requirement' as defined in regulation 1.15F(1), considering the definitions of terms such as 'completed' and 'academic year' as provided in the regulations and legislative instruments.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfied the criterion in clause 485.231.