Irfan (Migration)

This matter concerned an appeal by an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485, post-study work stream, against a decision made by the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant had satisfied the Australian study requirement for the visa.

The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the Australian study requirement as stipulated in clause 485.231 of Schedule 2 to the Migration Regulations 1994. Specifically, the Tribunal had to consider if the applicant held a qualification specified by the Minister, conferred by a specified educational institution, and if their study for that qualification met the Australian study requirement in the six months immediately preceding the visa application. The definition of "completed" and "academic year" within the context of the Australian study requirement was also a key consideration.

The Tribunal found that the applicant held a Master of Information and Communications Technology (Advanced) from Western Sydney University, both of which were specified in the relevant ministerial instruments. The Tribunal further determined that the applicant had met the Australian study requirement, as defined by regulation 1.15F(1), by completing a course registered under the Education Services for Overseas Students Act 2000, which involved at least two academic years of study and was undertaken in Australia. The Tribunal noted that the applicant had been granted credit for prior study, resulting in the course being completed in less than the standard duration, but that the academic transcript, reflecting final results, predated the visa application.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criterion under clause 485.231.