Castellanos Barrantes (Migration)

The Administrative Appeals Tribunal considered an application by Mr Castellanos Barrantes for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa under the Post-Study Work stream. The central dispute concerned whether Mr Barrantes met the "Australian study requirement" as stipulated by the relevant migration regulations.

The Tribunal was required to determine if Mr Barrantes held a qualification of a kind specified by the Minister, conferred by a specified educational institution, and if his study for that qualification satisfied the Australian study requirement. This involved an examination of the definitions and requirements set out in various legislative instruments and regulations, including the duration of study, the registration of courses, and the period within which the study was undertaken.

The Tribunal found that Mr Barrantes held a Master of Marketing, a specified qualification, and that it was awarded by Monash University, a specified educational institution. However, the critical issue was the Australian study requirement, which mandates completion of study in at least 16 calendar months, comprising at least two academic years, with each academic year defined as at least 46 weeks. The Tribunal noted that the applicant's course had an incorrect CRICOS code applied, which impacted the calculation of the study duration. Despite this, the Tribunal concluded that the applicant had met the criteria under clause 485.231 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that Mr Barrantes had met the criterion under clause 485.231. The Minister was to consider the remaining criteria for the grant of the Subclass 485 visa.