Evelyn (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa under the 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. This clause mandates that an applicant must hold a specified qualification awarded by a specified educational institution and satisfy the 'Australian study requirement' within a particular timeframe relative to their visa application date. The Tribunal also considered whether alternative clauses (485.232 to 485.235) might apply, which would render clause 485.231 inapplicable.

The Tribunal reasoned that the applicant did not meet the criteria outlined in clauses 485.232 to 485.235, thus confirming that clause 485.231 was the relevant provision. It found that the applicant held a Bachelor of Science (Food Technology and Nutrition) from RMIT University, both of which were specified by the Minister. The Tribunal then turned to the 'Australian study requirement', which involves completing registered courses totalling at least 16 calendar months and at least two academic years of study, with all instruction in English, undertaken in Australia on a study-authorised visa. While the applicant's academic transcript was provided, the Tribunal did not make a definitive finding on whether the Australian study requirement was met, noting that the course completion date was a point of contention.

Consequently, the Tribunal concluded that the applicant met clause 485.231 in relation to holding a specified qualification awarded by a specified institution. However, due to the unresolved issue regarding the Australian study requirement, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfies clause 485.231.