Cheok (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post Study Work stream, brought by the applicant, Cheok. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 485.231 of the Migration Regulations 1994, specifically concerning the Australian study requirement.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 485.231, which mandates that an applicant hold a specified qualification conferred by a specified educational institution and have met the Australian study requirement. The Tribunal first considered whether clause 485.231 applied, noting that it does not apply if the applicant meets the requirements of clauses 485.232 or 485.233. As there was no evidence or claim that the applicant held a Subclass 485 visa in the Post-Study Work stream at the time of the application under review, clauses 485.232 and 485.233 were not met, and therefore clause 485.231 was applicable.

The Tribunal then examined whether the applicant held a specified qualification and whether it was awarded by a specified institution. The applicant's Bachelor of Business (International Hotel Management) degree from Le Cordon Bleu Australia was found to be a qualification and an educational institution specified by the relevant ministerial instruments. Crucially, the Tribunal found that the applicant met the Australian study requirement as stipulated in clause 485.231(3). Based on these findings, the Tribunal concluded that the applicant met clause 485.231.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant satisfies the criterion set out in clause 485.231 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.