GODAVARTHI (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. 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 qualification specified by the Minister, conferred by a specified educational institution, and that their study for that qualification must have satisfied the 'Australian study requirement' in the six months immediately preceding the visa application.

The Tribunal found that the applicant held a Master of Engineering (Extension) degree, which was a specified qualification, and that it was awarded by the University of Technology Sydney, a specified educational institution. The Tribunal then examined whether the applicant's study met the 'Australian study requirement' as defined in regulation 1.15F(1). This involved considering whether the qualification was a registered course, completed within a specific timeframe, involved a minimum duration of academic study, was conducted entirely in English, and was undertaken in Australia on a visa authorising study. Based on its findings, the Tribunal concluded that the applicant met the criteria under clause 485.231.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfies clause 485.231. The Minister is to consider the remaining criteria for the visa.