Mohammed (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485, Post-Study Work stream. The dispute centred on whether the applicant met the Australian study requirement for this visa subclass, specifically concerning the completion of a Master of Science degree.

The primary legal issue before the Tribunal was to determine if the applicant satisfied clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must hold a qualification specified by the Minister and that each qualification must satisfy the 'Australian study requirement' within the six months immediately preceding the visa application date. The core of the contention lay in whether the applicant's Master of Science degree met the criteria for the Australian study requirement, particularly the duration of study.

The Tribunal's reasoning focused on the definition of the 'Australian study requirement' under regulation 1.15F(1). This requirement stipulates completion of registered courses totalling at least 16 calendar months and at least two academic years of study, with all instruction in English, undertaken in Australia on a visa authorising study. The Minister's instrument specifies that '2 academic years' equates to a minimum of 92 weeks. While the applicant's Master of Science degree was a specified qualification and the instruction was in English, the Tribunal found that the applicant had not completed the requisite duration of study. The Confirmation of Enrolment indicated a course end date of 15 July 2016, and the University of Wollongong stated the degree usually takes 1.5 to 2 years of full-time study. However, the applicant commenced in Autumn session 2015 and was enrolled full-time in Autumn and Spring sessions 2015 and Autumn session 2016. This period, when assessed against the 92-week minimum for two academic years, was found to be insufficient.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa, as the applicant failed to satisfy the Australian study requirement.