Mishra (Migration)

This matter concerned 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 Tribunal was tasked with determining whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the Subclass 485 visa, particularly clause 485.231, which requires the applicant to hold a specified qualification awarded by a specified educational institution and to have met the Australian study requirement within a particular timeframe. This involved an examination of whether the applicant's Master of International Business qualification was specified by the Minister, whether it was awarded by a specified educational institution, and whether the applicant's study for that qualification met the definition of the 'Australian study requirement' as defined in the Regulations and relevant legislative instruments.

The Tribunal found that the applicant's Master of International Business qualification was indeed a qualification specified by the Minister under IMMI 13/013. Furthermore, the qualification was conferred by Monash University, which was identified as a specified educational institution under IMMI 13/031 due to its registration on CRICOS and the nature of its course offerings. Crucially, the Tribunal determined that the applicant met the Australian study requirement under regulation 1.15F(1), having completed a registered course over at least 16 calendar months and at least two academic years of study, with all instruction in English, undertaken in Australia while holding a valid study visa.

Consequently, the Tribunal concluded that the applicant met the criteria set out in clause 485.231. The Tribunal therefore remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfies this specific criterion.