Mak (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 Temporary Graduate visa, Graduate Work Stream. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause pertains to the Post-Study Work stream and requires the applicant to hold a specified qualification awarded by a specified educational institution, and to have satisfied the Australian study requirement in the six months immediately preceding the visa application.

The Tribunal found that the applicant held a Bachelor of Science (Occupational Therapy), which was a qualification specified by the Minister under IMMI 13/013. Furthermore, the qualification was awarded by Curtin University, an institution specified by the Minister under 13/031. The Tribunal also determined that the applicant met the Australian study requirement as defined by regulation 1.15F, having completed a course registered under the Education Services for Overseas Students Act 2000, involving at least 16 calendar months of study and two academic years, with all instruction in English, undertaken in Australia while holding a study-authorised visa.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfied the criterion set out in clause 485.231.