Kariuki (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Kariuki for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The dispute concerned whether Mr. Kariuki met the Australian study requirements as stipulated in the Migration Regulations.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the requirements of clause 485.231 of Schedule 2 to the Migration Regulations. This clause pertains to the Australian study requirements for the Subclass 485 visa, which involves demonstrating the completion of a registered course or courses totalling at least 92 weeks of study.

The Tribunal found that the applicant had indeed met the Australian study requirements. This conclusion was based on the applicant holding a specified qualification, which was achieved through a combination of two courses completed over a period of at least 92 weeks. The Tribunal also confirmed that the qualification was from a registered course. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criterion under clause 485.231.