LAMA (Migration)

The Administrative Appeals Tribunal considered a dispute concerning a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. The applicant sought review of a decision relating to their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the Australian study requirement as stipulated by clause 485.231 of Schedule 2 to the Migration Regulations 1994. This involved determining if the applicant held a specified qualification, if it was conferred by a specified educational institution, and crucially, if their study for that qualification satisfied the Australian study requirement within the six months preceding their visa application.

The Tribunal reasoned that the applicant held a Master degree by coursework, which was a specified qualification, and that this qualification was awarded by the University of Wollongong, a specified educational institution. The Tribunal then examined the definition of the Australian study requirement under regulation 1.15F(1), which requires completion of registered courses totalling at least 16 calendar months, at least two academic years of study, with all instruction in English, undertaken in Australia while holding a study-authorising visa. The Tribunal concluded that the applicant met clause 485.231.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with the direction that the applicant had met the criterion under clause 485.231.