Katta (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, subclass 485, Post-Study Work stream. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must hold a specified qualification awarded by a specified educational institution and satisfy the Australian study requirement within a particular timeframe preceding their visa application. The Tribunal also had to determine if clause 485.231 applied to the applicant, considering the exceptions outlined in clauses 485.232 to 485.235.

The Tribunal reasoned that clause 485.231 was applicable because the applicant did not meet the criteria for any of the exempt clauses. It found that the applicant held a Master of Information Technology, a qualification specified by the Minister, and that this qualification was awarded by Charles Sturt University, an institution also specified by the Minister. Consequently, the Tribunal concluded that the applicant satisfied clause 485.231.

Based on these findings, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant meets the criterion set out in clause 485.231.