Hii (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa under the Post-Study Work stream. The applicant sought review of a decision concerning their eligibility for this visa. The Tribunal was tasked with determining whether the applicant met the requirements of clause 485.231 of the Migration Regulations 1994.

The central legal issues before the Tribunal were whether the applicant held a qualification specified by the Minister, whether that qualification was conferred by a specified educational institution, and crucially, whether the applicant's study for that qualification satisfied the 'Australian study requirement'. This requirement, as defined in regulation 1.15F(1), involves the completion of one or more degrees, diplomas, or trade qualifications awarded by an Australian educational institution, which must be registered courses, completed over at least 16 calendar months, involving at least two academic years of study, with all instruction in English, and undertaken in Australia while holding a valid study visa.

The Tribunal found that the applicant's Master of Engineering degree from the University of South Australia was a specified qualification conferred by a specified educational institution, as the university was a CRICOS provider. Furthermore, the Tribunal concluded that the applicant's study met the Australian study requirement. This conclusion was based on the understanding that an 'academic year' is defined as at least 46 weeks, consistent with the duration of a course registered under the Education Services for Overseas Students Act 2000.

Consequently, the Tribunal determined that the applicant met the criteria under clause 485.231. The Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant satisfies this specific criterion for the Subclass 485 visa.