Chalamcharla (Migration)

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

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

The Tribunal found that the applicant held a Master of Business and Project Management, which is a qualification specified by the Minister under IMMI 13/013, and that this qualification was awarded by Asia Pacific International College, an institution specified under IMMI 13/031. The Tribunal also determined that the applicant met the definition of 'completed' under regulation 1.15F(2), meaning they had met the academic requirements for the award of their qualification. Consequently, the Tribunal concluded that the applicant satisfied clause 485.231.

The Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant meets the criterion set out in clause 485.231. The Minister is to consider the remaining criteria for the visa.