Khoo Chok Siang (Migration)

This decision concerns an application for a Skilled (Provisional) (Class VC) visa, specifically addressing whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994. The applicant sought reconsideration of a decision by the Migration Review Tribunal.

The core legal issue before the Tribunal was to determine if the applicant satisfied the Australian study requirement as stipulated by clause 485.231. This involved assessing whether the applicant held a specified qualification, whether that qualification was conferred by a specified educational institution, and crucially, whether the applicant's study for that qualification met the 'Australian study requirement' in the six months preceding the visa application. The definition of the 'Australian study requirement' itself, as outlined in regulation 1.15F(1), was central to this determination, encompassing aspects such as the completion of registered courses, duration of study, and the applicant's visa status during that period.

The Tribunal reasoned that the applicant's Bachelor of Architectural Design was a specified qualification under IMMI 13/013, and it was awarded by Monash University, a specified educational institution listed on CRICOS. Furthermore, the Tribunal found that the applicant's study met the definition of the 'Australian study requirement' under regulation 1.15F(1), considering the duration of the course, the academic years of study, and the fact that the instruction was in English and undertaken in Australia on a study-authorised visa.

Consequently, the Tribunal concluded that the applicant met the criteria of clause 485.231. The application was remitted to the Minister for reconsideration, with the direction that this specific criterion was satisfied.