Mahanama (Migration)

The Administrative Appeals Tribunal considered the application of a visa applicant who sought a Skilled (Provisional) (Class VC) visa. The dispute centred on whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994, which pertains to holding a specified qualification awarded by a specified educational institution and satisfying the Australian study requirement.

The Tribunal was required to determine three key issues: first, whether the applicant held a qualification of a kind specified by the Minister; second, whether that qualification was conferred or awarded by an educational institution specified by the Minister; and third, whether the applicant’s study for that qualification met the Australian study requirement in the six months immediately preceding the visa application. The definition of the Australian study requirement, including terms such as 'completed' and 'academic year', and the relevant legislative instruments, IMMI 13/013 and IMMI 13/031, were central to this determination.

The Tribunal reasoned that the applicant’s Bachelor of Business qualification was specified by IMMI 13/013, and that Southern Cross University, the awarding institution, was specified by IMMI 13/031 as it was registered on CRICOS and offered degree-level courses. Furthermore, the Tribunal found that the applicant met the Australian study requirement as defined by regulation 1.15F, which involves completing registered courses over at least 16 calendar months, comprising at least two academic years of study, with all instruction in English, undertaken in Australia on a study-authorising visa. An academic year was interpreted as at least 46 weeks, consistent with courses registered under the Education Services for Overseas Students Act 2000.

Consequently, the Tribunal concluded that the applicant satisfied clause 485.231. The Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets this specific criterion.