MALHOTRA (Migration)

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

The central legal issue before the Tribunal was whether the applicant satisfied the Australian study requirement as stipulated in clause 485.231(3) of Schedule 2 to the Migration Regulations 1994. This requirement pertains to studies completed in an academic year, with a duration of at least 92 weeks, and considers the recognition of prior learning and the completion of courses concurrently.

The Tribunal found that the applicant met the criterion under clause 485.231(3). The reasoning for this finding is not detailed in the provided text, but it indicates that the Tribunal was satisfied that the applicant's studies, including any concurrent courses and recognition of prior learning, fulfilled the 92-week duration requirement within an academic year.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration. The direction was that the applicant had met the Australian study requirement under clause 485.231(3), and the Minister was to proceed to consider the remaining criteria for the grant of the Subclass 485 visa.