Hao (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Subclass 485 (Temporary Graduate) visa application, specifically the Post-Study Work stream. The applicant sought to satisfy the 'Australian study requirements' for this visa subclass. The core dispute revolved around whether the applicant's prior learning, which had been accredited towards their Bachelor of Business (Accountancy) degree, met the specified requirements.

The Tribunal was required to determine whether the applicant held a qualification specified by the Minister and, crucially, whether their study satisfied the 'Australian study requirement' as defined by clause 485.231 of the Migration Regulations. This involved interpreting whether recognised prior learning, credited towards an eligible qualification, needed to have been undertaken at Australian Qualifications Framework (AQF) Level 7 or above, or if the eligible qualification itself, obtained at AQF Level 7, was sufficient.

The Tribunal reasoned that the delegate had erred in finding that the applicant's recognised prior learning had to be undertaken at AQF Level 7 or above. Instead, the Tribunal considered that the applicant held an eligible qualification, a Bachelor of Business (Accountancy) conferred by RMIT University, which is at AQF Level 7. The Tribunal accepted the applicant's submission that the wording of clause 485.231(1) and the relevant instrument did not mandate that prior learning contributing to a degree must itself be at AQF Level 7, but rather that the resulting qualification must be obtained as a result of study at AQF Level 7.

Consequently, the Tribunal concluded that the applicant met the criterion under clause 485.231(1). The Tribunal remitted the visa applications for reconsideration by the Minister, with the direction that the applicant satisfied this specific criterion for the Subclass 485 visa.