Maharjan (Migration)

The Administrative Appeals Tribunal considered the case of an applicant for a Skilled (Provisional) (Class VC) visa. The central dispute concerned 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, having it conferred by a specified 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 its components such as registered courses, duration, academic years, instruction in English, and undertaking study while holding a valid visa, was also central to the Tribunal's consideration.

The Tribunal reasoned that the applicant's Bachelor of Professional Accounting qualification was specified by the relevant ministerial instrument (IMMI 13/013). Furthermore, the qualification was conferred by Holmes Institute, which was identified as a specified educational institution under IMMI 13/031 due to its registration on CRICOS and offering degree-level courses. The Tribunal concluded that the applicant met clause 485.231, implying that the Australian study requirement, as defined by regulation 1.15F and LIN 19/085, was satisfied.

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