GITUNGO (Migration)

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

The Tribunal was required to determine if the applicant satisfied the criteria outlined in clause 485.231 of the Migration Regulations. This involved assessing whether the applicant held a qualification of a kind specified by the Minister, conferred by a specified educational institution, and crucially, whether the study undertaken for that qualification met the 'Australian study requirement' in the six months prior to the visa application.

The Tribunal found that the applicant's Master of International Studies Advanced from the University of Wollongong was a specified qualification awarded by a specified educational institution. However, the central issue was the interpretation and application of the 'Australian study requirement'. While the applicant met the formal requirements of holding a degree from a registered institution, the Tribunal noted that the applicant had transferred to another course and had received recognition for prior learning. The Tribunal concluded that the applicant's study for the qualification did not satisfy the Australian study requirement as defined by regulation 1.15F(1), which mandates completion of registered courses over at least 16 calendar months, involving at least two academic years of study, with all instruction in English, undertaken in Australia on a study-authorised visa.

Consequently, the Tribunal remitted the visa application for reconsideration. The remittal was made with the direction that the applicant met the criterion under clause 485.231, indicating that other criteria for the visa would need to be assessed by the Minister.