Kalakuntla (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 Post Study Work stream. The central dispute concerned whether the applicant satisfied the Australian study requirement within the six months immediately preceding their visa application, as mandated by the relevant regulations.

The Tribunal was required to determine if the applicant met the criteria outlined in clause 485.231 of the Migration Regulations. This involved assessing whether the applicant held a qualification specified by the Minister, awarded by a specified educational institution, and whether their study for that qualification satisfied the Australian study requirement within the specified timeframe. The definition of the Australian study requirement, as set out in regulation 1.15F(1), was also a key element of the determination.

The Tribunal reasoned that the applicant's Master of Information Technology qualification met the specified criteria under IMMI 13/013 and was awarded by Charles Sturt University, an institution specified under IMMI 14/010. Crucially, the Tribunal found that the applicant's study for this qualification satisfied the Australian study requirement. This conclusion was based on evidence demonstrating that the Master of Information Technology was a CRICOS-registered course, comprised of 104 academic weeks of study, completed within 16 calendar months, and undertaken while the applicant held a visa authorising study.

Consequently, the Tribunal concluded that the applicant met the requirements of clause 485.231. The matter was remitted to the Minister for reconsideration, with the direction that the applicant had satisfied this specific criterion for the Subclass 485 visa.