Mohammed (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 visa. The applicant sought to demonstrate that they met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994. The Administrative Appeals Tribunal was tasked with determining whether the applicant satisfied this specific criterion.

The core legal issues before the Tribunal were whether the applicant held a qualification of a kind specified by the Minister, whether that qualification was conferred or awarded by an educational institution specified by the Minister, and crucially, whether the applicant’s study for that qualification satisfied the ‘Australian study requirement’ in the six months immediately preceding the visa application. The ‘Australian study requirement’ itself involved several sub-elements, including the completion of registered courses over a minimum duration and academic years, with all instruction in English, undertaken in Australia while holding a study-authorising visa.

The Tribunal found that the applicant’s Bachelor of Business (Accounting) was a qualification specified by the Minister under IMMI 13/013. Furthermore, it was conferred by Stott’s College, an institution specified under IMMI 13/031, as it was CRICOS-registered and offered degree-level courses. The Tribunal then considered the ‘Australian study requirement’ under regulation 1.15F(1), noting the definitions of terms such as ‘completed’ and ‘academic year’. Based on the evidence presented, the Tribunal concluded that the applicant met all aspects of clause 485.231.

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