Dauara (Migration)

The Administrative Appeals Tribunal considered the case of Mr Dauara and his family, who sought review of a decision not to grant them Skilled (Provisional) (Class VC) visas, specifically the Temporary Graduate (Post-Study Work stream) (Subclass 485) visa. The core dispute revolved around whether Mr Dauara met the Australian study requirement for this visa subclass.

The Tribunal was required to determine if Mr Dauara satisfied the criteria for the Temporary Graduate (Post-Study Work stream) visa, as set out in clause 485.231 of the Migration Regulations 1994. This involved assessing whether he held a specified qualification, whether it was awarded by a specified educational institution, and crucially, whether his study for that qualification met the Australian study requirement within the six months preceding his visa application.

The Tribunal reasoned that while Mr Dauara held a Master of Arts (Ministry) qualification conferred by Harvest Bible College, both of which were specified by the Minister, he failed to meet the Australian study requirement. This requirement, under regulation 1.15F(1), mandates completion of registered courses totalling at least 16 calendar months and at least two academic years of study. For the purposes of this visa, "two academic years" was defined by IMMI 09/040 as at least 92 weeks. Despite Mr Dauara's assertion of 96 weeks of study and evidence of student visa duration exceeding 78 weeks, the Tribunal found that his study did not meet the minimum 92-week duration for two academic years.

Consequently, the Tribunal affirmed the decision not to grant the Skilled (Provisional) (Class VC) visas to Mr Dauara and his dependents, as the primary applicant did not satisfy the necessary criteria.