Chia (Migration)

The Administrative Appeals Tribunal considered the application of Ms. Chia for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 Temporary Graduate visa under the Post-Study Work stream. The central dispute concerned whether Ms. Chia met the Australian study requirement as stipulated in the relevant regulations.

The primary legal issue before the Tribunal was to determine whether Ms. Chia satisfied clause 485.231(3) of Schedule 2 to the Migration Regulations 1994, which pertains to the Australian study requirement for this visa subclass.

The Tribunal found that Ms. Chia met the criterion set out in clause 485.231(3). Consequently, the Tribunal remitted the visa application back to the Minister for further consideration of the remaining eligibility criteria for the Subclass 485 visa.