Li (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Li for review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister) to refuse to grant Mr Li a Skilled (Provisional) (Class VC) visa, subclass 485. Mr Li sought to satisfy the study requirements for this visa by relying on his completion of two years of study towards a Master of Business Administration (MBA) degree.

The primary legal issue before the Tribunal was whether Mr Li had satisfied the requirement that he had completed at least two years of study in Australia towards a degree or diploma qualification. This requirement was to be assessed in light of changes made to the structure of his MBA course after he had commenced his studies. The Tribunal was required to determine if the completed units of study were sufficient to meet the prescribed criteria for the visa, notwithstanding the course alterations.

The Tribunal found that the evidence presented by Mr Li demonstrated that he had completed the equivalent of two academic years of full-time study in Australia towards his MBA. Although the course structure had changed, the Tribunal was satisfied that the units he had completed were relevant to and counted towards the degree. Consequently, the Tribunal concluded that Mr Li had met the study requirements for the subclass 485 visa. The Tribunal set aside the Minister's decision and remitted the matter to the Minister for reconsideration according to law.