Cheng (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically the Post-Study Work stream, subclass 485. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal, constituted by Nicola Findson, was tasked with determining whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994.

The central legal issues before the Tribunal were whether the applicant held a qualification specified by the Minister, whether that qualification was conferred by an educational institution specified by the Minister, and crucially, whether the applicant's study for that qualification satisfied the 'Australian study requirement' within the prescribed timeframe. The 'Australian study requirement' itself involved several sub-criteria, including the completion of registered courses totalling at least 16 calendar months, representing at least two academic years of study, with all instruction conducted in English, and undertaken in Australia while holding a study-authorised visa.

The Tribunal reasoned that the applicant's Bachelor of Biomedical Science degree from the University of Western Australia met the specified qualification criteria under IMMI 13/013. Furthermore, the University of Western Australia was found to be a CRICOS registered provider offering degree-level courses, satisfying the specified educational institution requirement under IMMI 13/031. Critically, the Tribunal was satisfied that the applicant's study met the 'Australian study requirement' as defined by regulation 1.15F(1), having been completed in 16 months, representing two academic years of study, with English instruction, and undertaken in Australia on a valid visa.

Consequently, the Tribunal concluded that the applicant met clause 485.231. The Tribunal therefore remitted the visa application to the Minister for reconsideration, with a direction that the applicant had satisfied this particular criterion.