CHENG (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream. The applicant sought review of a decision to refuse her visa application. The core of the dispute revolved around whether the applicant had satisfied the Australian study requirement, which mandates undertaking two academic years (or 92 weeks) of study in Australia.

The legal issue before the Tribunal was whether the applicant met the requirements of clause 485.231, specifically concerning the duration of her completed course and the consideration of prior study. The applicant contended that she had completed a Master of Professional Accounting (Extension), a course registered on CRICOS with a duration of 104 weeks, and that the delegate had incorrectly identified a shorter course. Furthermore, the applicant argued that subjects completed in a previously commenced, but unfinished, Master of International Business course should be credited towards the Australian study requirement, as these subjects were recognised and credited towards her completed Master of Professional Accounting (Extension).

The Tribunal reasoned that clause 485.231 requires the applicant to hold a specified qualification for which the Australian study requirement has been met in the six months preceding the visa application. The Tribunal accepted the applicant's submission that she had completed the Master of Professional Accounting (Extension), a course of 104 weeks' duration, and that the delegate had erred in identifying a different, shorter course. Crucially, the Tribunal found that Regulation 1.15F, which allows for the counting of previous study when an applicant changes courses, was satisfied. Although the Master of International Business was not completed, the four subjects undertaken in that course were credited to the Master of Professional Accounting (Extension) and resulted in the award of that degree.

Consequently, the Tribunal concluded that the applicant met the criterion under clause 485.231. The matter was remitted to the Minister for reconsideration of the remaining visa criteria.