Nguyen (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Mr. Canh Vuong Nguyen. Mrs. Thi Trang Vi’s application, made as a member of Mr. Nguyen’s family unit, was to be determined by reference to the outcome of his application.

The central legal issue before the Tribunal was whether Mr. Nguyen met the study requirements for the Subclass 485 visa, specifically clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause requires the applicant to hold a specified qualification awarded by a specified educational institution, and that their study for that qualification satisfied the ‘Australian study requirement’ in the six months immediately preceding the visa application.

The Tribunal found that Mr. Nguyen held a Master of Professional Accounting (Advanced) from Western Sydney University, which satisfied the requirements for a specified qualification awarded by a specified institution. However, the Tribunal needed to confirm whether Mr. Nguyen's study met the ‘Australian study requirement’ as defined by regulation 1.15F. This requirement involves completing registered courses totalling at least 16 calendar months and at least two academic years of study (defined as at least 92 weeks), with all instruction in English, undertaken while holding a visa authorising study in Australia. The Tribunal sought confirmation from Western Sydney University regarding the finalisation of Mr. Nguyen's supplementary exam results.

The Tribunal remitted the applications for reconsideration, directing that Mr. Nguyen met the criterion under clause 485.231 of Schedule 2 to the Regulations.