Khan (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, made by Mr. Khan. The dispute concerned whether Mr. Khan's graduate diploma qualification met the Australian study requirement for the visa.

The Tribunal was required to determine whether the applicant's graduate diploma course constituted an eligible qualification for the purposes of the Australian study requirement, specifically considering the course entry requirements and the nature of the qualification itself. The Tribunal also had to consider the distinction, if any, between a "graduate diploma" and a "postgraduate diploma" in the context of the relevant regulations.

The Tribunal found that the applicant's graduate diploma course did meet the criteria for the visa. It reasoned that the course, which required successful completion of a diploma as an entry requirement, was an eligible qualification. The Tribunal did not find it necessary to definitively distinguish between "graduate diploma" and "postgraduate diploma" in this instance, focusing instead on the applicant's completed qualification.

The Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in cl.485.221 of Schedule 2 to the Regulations.