Khan (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, brought before the Tribunal by the applicant. The central dispute revolved around whether the applicant satisfied the qualification requirements stipulated by clause 485.231(1) of the Migration Regulations.

The Tribunal was required to determine whether the applicant held a qualification of a kind specified by the Minister, as mandated by subclause 485.231(1). This involved assessing the applicant's Bachelor of Information Technology conferred by Melbourne Polytechnic against the requirements of IMMI 13/013, the relevant legislative instrument. A key point of contention was the delegate's finding that the applicant's recognised prior learning, which contributed to the degree, might not have been undertaken at the requisite Australian Qualifications Framework (AQF) Level 7 or above.

The Tribunal reasoned that while some credited units might not have been studied at AQF Level 7, Melbourne Polytechnic had satisfied itself that the applicant met its requirements for the Bachelor of Information Technology. Consequently, the Tribunal found that the applicant held a qualification specified in IMMI 13/013, and it was not necessary to individually evaluate each unit contributing to the degree. The Tribunal concluded that the applicant met the requirements of clause 485.231(1).

Accordingly, the Tribunal remitted the visa application for reconsideration by the Minister, with the direction that the applicant meets the criterion under clause 485.231(1) of Schedule 2 to the Regulations.