Gautam (Migration)

The Administrative Appeals Tribunal considered the matter of an applicant seeking a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa under the Post-Study Work stream. The central dispute revolved around whether the applicant satisfied the Australian study requirement for this visa subclass.

The Tribunal was required to determine if the applicant met the criteria outlined in clause 485.231 of the Migration Regulations. This involved assessing whether the applicant held a qualification specified by the Minister, awarded by a specified educational institution, and crucially, whether their study for that qualification satisfied the "Australian study requirement" within the six months immediately preceding the visa application. The definition of the "Australian study requirement" under regulation 1.15F(1) was also a key element, requiring consideration of factors such as the duration of study, the number of academic years completed, the language of instruction, and the applicant's visa status during their studies in Australia.

The Tribunal reasoned that the applicant had indeed met the requirements for a specified qualification awarded by a specified educational institution. However, the critical issue was the satisfaction of the Australian study requirement. The Tribunal found that the applicant had met the criteria under clause 485.231. Consequently, the Tribunal remitted the applications for reconsideration, directing that the first applicant was found to meet the specified criterion. The secondary applicant's application was also remitted for reconsideration based on this finding.