Gott (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, in the Graduate Work stream. The applicant's nominated occupation was Accountant, and the dispute centred on whether the applicant met the primary criteria for the visa, specifically the Australian study requirement and the requirement that their academic qualifications be closely related to their nominated occupation.

The Tribunal was required to determine if the applicant satisfied the Australian study requirement as defined by clause 485.221 and regulation 1.15F of the Migration Regulations 1994. This involved assessing whether the applicant had completed one or more degrees, diplomas, or trade qualifications awarded by an Australian educational institution, which were registered courses, completed in at least 16 calendar months, involved at least two academic years of study, had all instruction conducted in English, and were undertaken in Australia while holding a visa authorising study. The Tribunal also had to consider clause 485.222, which mandates that each qualification used to satisfy the Australian study requirement must be closely related to the applicant's nominated skilled occupation.

The Tribunal found that the applicant's Bachelor of Commerce and Master of Professional Accounting degrees met the definition of 'degree' and were awarded by the University of Wollongong. The duration of these courses, 104 and 78 weeks respectively, satisfied the requirement for at least 16 calendar months of study and at least two academic years of study (defined as at least 92 weeks). The Tribunal was satisfied, based on the evidence, that all instruction was in English and that the applicant held a student visa during the relevant period. Consequently, the Tribunal concluded that the applicant met the requirements of clauses 485.221 and 485.222.

The Tribunal remitted the application for reconsideration by the Minister, with the direction that the applicant had met the criteria under clauses 485.221 and 485.222 of Schedule 2 to the Regulations.