Ceglys Buscariolli (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa, Post Study Work stream. The applicant sought review of a decision concerning their eligibility for this visa.

The central legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must hold a specified qualification conferred by a specified educational institution, and that their study for that qualification must have met the 'Australian study requirement' in the six months immediately preceding the visa application.

The Tribunal found that the applicant held a Bachelor of Information Technology (Mobile Applications Development), which was a qualification specified by the Minister under IMMI 13/013. Furthermore, the qualification was awarded by the Academy of Information Technology (AIT), an institution specified under IMMI 13/031. The Tribunal also determined that the applicant met the 'Australian study requirement' as defined by regulation 1.15F(1), having completed a degree registered under the Education Services for Overseas Students Act 2000, undertaken over at least 16 calendar months and involving at least two academic years of study, with all instruction conducted in English, and undertaken in Australia on a visa authorising study.

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