Dang (Migration)

The Administrative Appeals Tribunal considered the application of Ms Nga Dang, a citizen of Vietnam, for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The dispute centred on whether Ms Dang met the Australian study requirement as stipulated by clauses 485.221 and 485.222 of Schedule 2 to the Migration Regulations 1994. These clauses require that the applicant must have satisfied the Australian study requirement within the six months immediately preceding the visa application, and that any qualification used to satisfy this requirement must be closely related to the applicant's nominated skilled occupation.

The Tribunal was required to determine if Ms Dang's completed qualifications, specifically a Graduate Certificate in Human Resource Management and a Master of Human Resource Management from the University of South Australia, satisfied the Australian study requirement. This involved assessing whether these courses met the criteria outlined in IMMI 13/013 and IMMI 13/031, which specify eligible qualifications and educational institutions, respectively. The Tribunal also needed to consider the timing of her studies in relation to her visa application.

The Tribunal found that Ms Dang's Master of Human Resource Management course was a specified qualification at Australian Qualifications Framework level seven or higher, as required by IMMI 13/013. Furthermore, the University of South Australia was confirmed to be registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) and offered courses at degree level and above, satisfying the criteria in IMMI 13/031. Consequently, the Tribunal was satisfied that Ms Dang met the requirements of clause 485.231.

The Tribunal remitted the applications for Skilled (Provisional) (Class VC) visas for reconsideration, with the direction that Ms Dang met the criterion specified in clause 485.231 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.