Borkhuu (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa made by Mr. Borkhuu. The central dispute concerned whether Mr. Borkhuu met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994, which pertains to the Australian study requirement for certain visa applications.

The Tribunal was required to determine three specific questions: first, whether Mr. Borkhuu held 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 Mr. Borkhuu's study for that qualification satisfied the 'Australian study requirement' in the six months immediately preceding his visa application. The 'Australian study requirement' itself involves completing one or more degrees, diplomas, or trade qualifications from an Australian educational institution, registered under specific conditions relating to duration, academic years, instruction language, and the applicant's visa status during study.

The Tribunal reasoned that Mr. Borkhuu held a Bachelor of Engineering, which was a specified qualification under IMMI 13/013. Furthermore, his qualification was awarded by Queensland University, which is a specified institution under IMMI 13/031, being registered on CRICOS and offering degree-level courses. Crucially, the Tribunal found that Mr. Borkhuu's study met the 'Australian study requirement' as defined by regulation 1.15F(1), satisfying the criteria for registered courses, duration, academic years, English instruction, and lawful study in Australia.

Consequently, the Tribunal concluded that Mr. Borkhuu met the criterion under clause 485.231. The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Mr. Borkhuu satisfied this specific criterion.