Goh (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, specifically the Post-study work stream. The applicant sought review of a decision concerning whether they met the 'Australian study requirement'. The decision was made by the Tribunal, with Member Amanda Mendes Da Costa presiding.

The central legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 485.231 of the Migration Regulations 1994. This clause mandates that an applicant must hold a specified qualification awarded by a specified educational institution, and that their study for that qualification must have met the 'Australian study requirement' in the six months immediately preceding the visa application.

The Tribunal reasoned that the applicant had met the first two limbs of clause 485.231, holding a Master degree in Supply Chain and Logistical Management awarded by RMIT University, both of which were specified in the relevant ministerial instruments. Regarding the 'Australian study requirement', the Tribunal considered regulation 1.15F, which defines this requirement by reference to completed degrees, diplomas, or trade qualifications from Australian institutions. Key elements include completion of registered courses over at least 16 calendar months, involving at least two academic years of study (defined as at least 92 weeks), with all instruction in English, and undertaken in Australia on a student visa. The Tribunal found that the applicant's Master's degree, commencing on 21 July 2014 and completed on 11 July 2016, with a listed duration of two years full-time, satisfied these criteria.

Consequently, the Tribunal concluded that the applicant met clause 485.231. The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had satisfied this specific criterion.