Choi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The central dispute concerned whether the applicant satisfied the 'Australian study requirement' as stipulated by the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria for the Australian study requirement, specifically whether their completed qualifications, including a Graduate Diploma, qualified them for the visa. This involved interpreting the definitions of 'degree', 'diploma', and 'academic year' within the relevant regulations and assessing whether the applicant's study duration and the nature of their qualifications met these definitions.

The Tribunal reasoned that the definition of 'degree' in regulation 2.26AC(6) included a 'postgraduate diploma' provided certain entry-level requirements were met. Applying this to the applicant's qualifications, which included a Graduate Diploma of Professional Accounting, the Tribunal found that the applicant had satisfied the academic requirements for its award. Consequently, the Tribunal concluded that the applicant met the requirements of clauses 485.221 and 485.222 of Schedule 2 to the Regulations.

The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the specified criteria for the Subclass 485 visa.