Ho (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – post-study work stream, made by an applicant whose name is not specified. The dispute centred on whether the applicant met the Australian study requirement for the visa.

The Tribunal was required to determine if the applicant held a specified qualification, if that qualification was conferred by a specified educational institution, and crucially, whether the applicant's study for that qualification satisfied the Australian study requirement in the six months immediately preceding the visa application. The relevant legislative provisions and instruments, including clause 485.231 of Schedule 2 to the Regulations and instruments IMMI 13/013 and IMMI 13/031, were central to this determination.

The Tribunal reasoned that the applicant held a Master of Agricultural Science, a qualification specified by the Minister, and that this qualification was awarded by the University of Queensland, an institution also specified by the Minister. Therefore, the first two limbs of clause 485.231 were satisfied. The Tribunal then examined the definition of the 'Australian study requirement' under regulation 1.15F(1), 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 while holding a study-authorised visa. The Tribunal concluded that the applicant met clause 485.231.

Accordingly, the Tribunal remitted the visa application for reconsideration by the Minister, with the direction that the applicant meets the criterion specified in clause 485.231 of Schedule 2 to the Regulations.