Kheang (Migration)

The Administrative Appeals Tribunal considered an appeal by Mr. Kheang against a decision by the Department of Home Affairs to refuse him a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. The central dispute concerned whether Mr. Kheang met the Australian study requirement for the visa.

The Tribunal was required to determine if Mr. Kheang satisfied the criteria for the Subclass 485 visa, specifically clause 485.231 of the Migration Regulations 1994. This involved assessing whether he held a qualification specified by the Minister, whether it was awarded by a specified educational institution, and crucially, whether his study for that qualification met the "Australian study requirement" in the six months immediately preceding his visa application. The Australian study requirement, as defined in regulation 1.15F(1), necessitates the completion of registered courses totalling at least 16 calendar months, involving at least two academic years of study, with all instruction in English, undertaken in Australia while holding a study-authorised visa.

The Tribunal found that Mr. Kheang held a Doctor of Philosophy degree from the University of Western Australia, a CRICOS-registered institution, thus satisfying the requirements regarding the type of qualification and awarding institution. However, the Tribunal determined that Mr. Kheang failed to meet the Australian study requirement because the completion date of his course was not provided, preventing the Tribunal from verifying that the study was completed in the requisite timeframe and met the other conditions stipulated in regulation 1.15F(1).

Consequently, the Tribunal affirmed the Department's decision not to grant Mr. Kheang the visa, as he did not satisfy all the criteria under clause 485.231.