Kang (Migration)

The Administrative Appeals Tribunal considered the application of Eunji Kang for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 Temporary Graduate visa, Post Study Work stream. The central dispute concerned whether Ms. Kang satisfied the Australian study requirement as stipulated by the relevant migration regulations.

The primary legal issue before the Tribunal was to determine if Ms. Kang met the criteria under clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause requires an applicant to hold a specified qualification and to have satisfied the Australian study requirement within a defined period preceding their visa application. The Tribunal specifically had to assess whether Ms. Kang's Bachelor of Business (Accounting) qualification met the Minister's specifications and whether her course completion date aligned with the timeframe for satisfying the Australian study requirement.

The Tribunal reasoned that Ms. Kang held a Bachelor of Business (Accounting) from Victoria University, which was a qualification specified by the Minister in IMMI 13/013. The Tribunal noted that Ms. Kang provided evidence of her course completion date as 26 April 2021, with her award conferred on 5 August 2021. Based on this evidence, the Tribunal found that Ms. Kang met the criterion under clause 485.231.

Consequently, the Tribunal remitted the application for the Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with the direction that Ms. Kang had satisfied the criterion under clause 485.231 of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.