Hardeman (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – 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 satisfied the Australian study requirement as stipulated by clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause requires the applicant to hold a specified qualification awarded by a specified educational institution, and for the study undertaken to have met the Australian study requirement within the six months immediately preceding the visa application.

The Tribunal found that the applicant held a Doctor of Medicine, a qualification specified by the Minister. Furthermore, this qualification was conferred by the University of Queensland, which is a specified educational institution. The Tribunal then examined the definition of the Australian study requirement, which involves completing registered courses totalling at least 16 calendar months and at least two academic years of study, with all instruction in English, undertaken in Australia on a student-authorised visa. The Tribunal concluded that the applicant met clause 485.231.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with the direction that the applicant meets the criterion set out in clause 485.231.