Khawas (Migration)

The Administrative Appeals Tribunal considered the case of Mr Khawas concerning his application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream. The central dispute revolved around whether Mr Khawas satisfied the 'Australian study requirement' as stipulated by the Migration Regulations.

The primary legal issue before the Tribunal was to determine if Mr Khawas had met the criteria for the 'Australian study requirement' under clause 485.231 of the Migration Regulations. This requirement mandates that an applicant must hold a specified qualification, conferred by a specified educational institution, and have satisfied the Australian study requirement in the six months preceding their visa application. The Tribunal was required to assess whether the applicant's completion of a Bachelor of Civil Engineering (Hons) met the detailed regulatory definitions of 'Australian study requirement', including aspects such as the duration of study, academic effort, and the nature of the qualification.

The Tribunal reasoned that the applicant had provided sufficient evidence to satisfy clause 485.231. This included confirmation from the University of Southern Queensland that the applicant was eligible to graduate with his Bachelor of Civil Engineering (Hons) on 27 July 2019. The Tribunal noted the regulatory definitions of 'degree' and 'academic year', and the specific requirement for at least two academic years of study, defined as at least 92 weeks. Based on the evidence presented, the Tribunal concluded that the applicant met the Australian study requirement.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Mr Khawas had met the criterion under clause 485.231 of Schedule 2 to the Migration Regulations. The Minister was to proceed to consider the remaining criteria for the visa.