Khadgi (Migration)

The Administrative Appeals Tribunal considered the case of Mr Khadgi concerning his application for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa under the Post-Study Work stream. The central dispute revolved around whether Mr Khadgi met the Australian study requirement for this visa subclass.

The Tribunal was required to determine if Mr Khadgi held a qualification specified by the Minister, if that qualification was conferred by a specified educational institution, and crucially, whether he satisfied the Australian study requirement. The latter involved assessing whether his studies met the criteria of being registered courses, completed over at least 16 calendar months, as a result of at least two academic years of study, with all instruction in English, and undertaken in Australia while holding a valid study visa.

The Tribunal found that Mr Khadgi held a Master of Accounting degree, which was a specified qualification under IMMI 13/013. Furthermore, his qualification was awarded by Federation University Australia, an institution specified in LIN 23/021. The Tribunal concluded that Mr Khadgi met the requirements of clause 485.231 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with the direction that Mr Khadgi had satisfied the criterion under clause 485.231.