Gui (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485, Post-Study Work stream. The central dispute concerned whether the applicant satisfied the 'Australian study requirement' as stipulated by clause 485.231 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had completed a course or courses registered on the CRICOS Register, undertaken in Australia while holding a study-authorised visa, for a duration of at least 16 calendar months and at least two academic years of study, with all instruction conducted in English. Specifically, the Tribunal had to assess whether the applicant's Master of Engineering Science course, including prior study for which credit was granted, met the definition of 'completed' and the duration requirements for 'two academic years'.

The Tribunal reasoned that the applicant had provided sufficient evidence to demonstrate that she met the Australian study requirement. This included evidence of her enrolment in a Master of Engineering Science course, the issuance of a new Certificate of Enrolment, and importantly, the granting of credit for four subjects undertaken in a previous Master of Engineering course. The Tribunal accepted that these credited subjects formed part of the Master of Engineering Science course and should be included in calculating the total duration of study. Consequently, the Tribunal found that the applicant had met the requirements of clause 485.231(3).

Based on these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant had satisfied the Australian study requirement for the Subclass 485 visa.