Mohamed Salil (Migration)

The Administrative Appeals Tribunal considered an application by Mohamed Salil for a Skilled (Provisional) (Class VC) visa, specifically the Post-Study Work stream (subclass 485). The central dispute concerned whether Mr Salil met the time requirements for the Australian study requirement in relation to his qualification.

The Tribunal was required to determine if Mr Salil held a qualification specified by the Minister, if that qualification was conferred by a specified educational institution, and crucially, whether his study for that qualification satisfied the 'Australian study requirement' in the six months immediately preceding his visa application. The 'Australian study requirement' itself involves completing registered courses totalling at least 16 calendar months, comprising at least two academic years of study (defined as at least 92 weeks), with all instruction in English, undertaken in Australia while holding a student visa.

The Tribunal found that Mr Salil held a Bachelor of Engineering (Mechanical Engineering), a qualification specified by IMMI 13/013, and that it was conferred by the University of Sydney, an institution listed on CRICOS and therefore specified by IMMI 09/040. The Tribunal concluded that Mr Salil met the criteria under cl.485.231(1) and (2). However, the case text indicates that the primary issue for determination was the Australian study requirement under cl.485.231(3), which involves the timing of the study relative to the visa application.

The Tribunal remitted the visa application to the Minister for reconsideration, with the direction that Mr Salil meets the criterion specified in cl.485.231 of Schedule 2 to the Regulations. This indicates that while the specific timing aspect of the Australian study requirement was the focus, the Tribunal found that the applicant had satisfied this particular criterion, and other criteria for the visa would now need to be assessed.