Johnson (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, by Mr Johnson. The dispute centred on whether Mr Johnson satisfied the Australian study requirement as stipulated by the relevant regulations. The decision was made by Kate Millar, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether Mr Johnson met the Australian study requirement for the Subclass 485 visa. This requirement, as defined by the regulations, necessitates the completion of one or more registered courses at an Australian educational institution, undertaken while holding a study-authorising visa, over a minimum of 16 calendar months and resulting in at least two academic years of study, with all instruction conducted in English. The regulations further specify that "two academic years" equates to a minimum of 92 weeks of study.

The Tribunal considered that while Mr Johnson's Master of Professional Accounting course alone did not meet the 92-week study duration, the delegate had not been aware of his completed Bachelor of Science degree. When both qualifications were considered collectively, the Bachelor of Science (156 weeks) and the Master of Professional Accounting (72 weeks) totalled 228 weeks, significantly exceeding the 92-week minimum. Both courses were registered, completed in English, and undertaken while Mr Johnson held a student visa. The Tribunal found that, when viewed together, these qualifications satisfied the Australian study requirement.

Consequently, the Tribunal remitted the application for reconsideration with a direction that Mr Johnson met the criterion under cl.485.221 of Schedule 2 to the Regulations, which pertains to the Australian study requirement. The Tribunal noted that other criteria, such as the relationship between his Bachelor of Science and the nominated occupation of accountant, had not yet been considered by a delegate and would be subject to further scrutiny.