Cui (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream, before the Administrative Appeals Tribunal. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to determine if clause 485.231 applied to the applicant, and if so, whether the applicant held a specified qualification conferred by a specified educational institution, and whether they satisfied the Australian study requirement within the prescribed timeframe.

The Tribunal reasoned that clause 485.231 applied because the applicant did not meet the criteria for alternative clauses 485.232, 485.233, 485.234, or 485.235. It found that the applicant held a Master of Teaching Early Childhood, a qualification specified by the Minister, and that this qualification was awarded by the University of South Australia, an institution also specified by the Minister. The Tribunal concluded that, based on the material before it, the applicant met clause 485.231.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criterion set out in clause 485.231. The Tribunal determined that a hearing was not necessary to reach this conclusion.