Holt (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The primary dispute concerned whether the applicant met the Australian study requirement, a key criterion for this visa subclass. The Tribunal also considered the eligibility of secondary applicants who were members of the applicant's family unit.

The legal issues before the Tribunal were whether the applicant satisfied the Australian study requirement as defined by regulation 1.15F of the Migration Regulations 1994, and consequently, whether the applicant met the primary criteria for a Subclass 485 visa under clause 485.221. Additionally, the Tribunal had to determine if the secondary applicants met the criteria for inclusion as members of the family unit of the primary applicant.

The Tribunal reasoned that to satisfy the Australian study requirement, a person must complete at least two academic years of study, which equates to a minimum of 92 weeks. The applicant relied on a Diploma of Nursing completed at TAFE Queensland, which had a registered duration of 90 weeks. The Tribunal found that this duration fell short of the required 92 weeks. As the applicant did not meet the Australian study requirement, they did not satisfy the primary criteria for the Subclass 485 visa. Consequently, the secondary applicants, who were dependent on the primary applicant meeting the criteria, also failed to meet their eligibility requirements.

The Tribunal affirmed the decision not to grant the Skilled (Provisional) (Class VC) visas to the applicants.