Bhole (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Post-Study Work stream, made by Mr Bhole. The dispute concerned whether Mr Bhole met the Australian study requirements for the visa.

The Tribunal was required to determine whether Mr Bhole's qualification satisfied the requirements of clause 485.231(3) of Schedule 2 to the Migration Regulations 1994. This clause specifies that the applicant must have completed a degree or diploma that meets certain registration and duration requirements, and that the course was completed in Australia.

The Tribunal found that Mr Bhole's degree was a registered course and that he had met the Australian study requirements. Crucially, the Tribunal determined that the completion of his degree in a total of 16 calendar months satisfied the duration requirement under clause 485.231(3). Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Mr Bhole met the criterion under clause 485.231(3).