Cherono (Migration)

This matter concerned 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 Tribunal, constituted by George Hallwood, was tasked with determining whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 485.231 of the Migration Regulations 1994. This clause requires an applicant to hold a specified qualification conferred by a specified educational institution and to have satisfied the Australian study requirement within a particular timeframe. The Tribunal specifically considered whether the applicant's Master of International Business Administration degree met the qualification and institution specifications, and whether the applicant had fulfilled the Australian study requirement as defined by regulation 1.15F.

The Tribunal reasoned that the applicant's Master of International Business Administration degree was a qualification specified by the Minister under LIN 23/023, and it was conferred by the University of South Australia, an institution specified under LIN 23/021. Crucially, the Tribunal found that the applicant met the Australian study requirement as defined by regulation 1.15F, which involves completing registered courses totalling at least 16 calendar months and at least two academic years of study, with all instruction in English, undertaken in Australia while holding a study-authorised visa.

Consequently, the Tribunal concluded that the applicant satisfied clause 485.231. The Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant meets this specific criterion.