NGUYEN (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream, made by Thi Hoang Ha Nguyen. The central dispute concerned whether Ms. Nguyen met the Australian study requirement for the visa.

The Tribunal was required to determine if Ms. Nguyen held a qualification specified by the Minister, if that qualification was conferred by a specified educational institution, and crucially, whether her study for that qualification satisfied the Australian study requirement. The Australian study requirement, as defined by the regulations, necessitates the 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 while holding a valid study visa.

The Tribunal found that Ms. Nguyen held a Master of Arts in TESOL from Western Sydney University, which is a qualification specified by the Minister. It also confirmed that Western Sydney University is a CRICOS registered provider, satisfying the requirement for the awarding institution. However, the Tribunal noted that the delegate had relied on an incorrect CRICOS code for the applicant's course. Despite this, the Tribunal concluded that the applicant met the criteria under clause 485.231 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that Ms. Nguyen meets the criterion under clause 485.231. The Minister is to consider the remaining criteria for the visa.