Dorman (Migration)

The Administrative Appeals Tribunal considered the case of Dorman, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate - Post-Study Work stream). The central dispute concerned whether the applicant met the Australian study requirement for the visa, which mandates two academic years of relevant study completed within the six months immediately preceding the visa application.

The primary legal issue before the Tribunal was to determine if the applicant's completed Master of Petroleum Engineering and partially completed Master of Chemical Engineering, which qualified him for a Graduate Certificate, satisfied the definition of a "degree," "post-graduate diploma," or "diploma" as stipulated by the Migration Regulations. Specifically, the Tribunal had to assess whether the Graduate Certificate in Chemical Engineering, awarded for partial completion of a Master's degree, met the criteria outlined in subregulation 2.26AC(6) of the Migration Regulations.

The Tribunal reasoned that while the applicant had completed sufficient coursework for a Graduate Certificate in Chemical Engineering, this qualification did not fall within the defined categories of a "degree," "post-graduate diploma," or "diploma" under subregulation 2.26AC(6). The Tribunal accepted that the applicant had completed six months of study towards his Master of Chemical Engineering, which equated to a qualification for a Graduate Certificate. However, the definition of "diploma" in the regulations referred to specific types of awards under the Register of Australian Tertiary Education or the Australian Qualifications Framework, which the Graduate Certificate did not meet.

Consequently, the Tribunal found that the applicant did not satisfy the Australian study requirement as mandated by clause 485.231 of the Migration Regulations. As this was the sole criterion in dispute and essential for the grant of the Subclass 485 visa, the Tribunal affirmed the decision not to grant the applicant the visa.