Cuarto (Migration)

The Administrative Appeals Tribunal considered an application by an individual seeking a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 Temporary Graduate visa under the Post-Study Work stream. The central dispute concerned whether the applicant met the Australian study requirements as stipulated by clause 485.231 of Schedule 2 to the Migration Regulations.

The Tribunal was required to determine if the applicant held a qualification of a kind specified by the Minister, conferred by a specified educational institution, and whether their study for that qualification satisfied the Australian study requirement in the six months immediately preceding the visa application. The applicant held a Bachelor of Accounting from the Universal Business School of Sydney, a CRICOS provider.

The Tribunal found that the applicant's Bachelor of Accounting was a qualification specified by the Minister under IMMI 13/013, and it was awarded by a specified educational institution. Crucially, the Tribunal was satisfied, based on evidence from the Student Services Manager, that the applicant commenced their studies on 5 February 2016, qualified for the award on 17 August 2018, and lodged their application on 19 December 2018. This demonstrated that the applicant's study satisfied the Australian study requirement in the six months immediately before the application was made, thus meeting clause 485.231.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with the direction that the applicant had met the criterion under clause 485.231.