Olorunfemi (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 visa under the Post Study Work stream. The central dispute revolved around whether the applicant satisfied the Australian study requirement as stipulated by clause 485.231 of the Migration Regulations 1994. This clause mandates that an applicant must hold a specified qualification, conferred by a specified educational institution, for which their study satisfied the Australian study requirement in the six months immediately preceding the visa application.

The Tribunal was tasked with determining if the applicant met the requirements of clause 485.231. This involved assessing whether the applicant held a qualification of a kind specified by the Minister, awarded by a specified educational institution, and whether their study satisfied the Australian study requirement within the relevant timeframe. The Tribunal had before it various documents, including departmental and tribunal files, the Act and Regulations, the applicant's written submissions, oral evidence, and relevant policy considerations.

In its reasoning, the Tribunal found that the applicant held a Master of Planning degree combined with a Graduate Certificate in Property Development, both awarded by the University of Technology Sydney. The applicant provided evidence of his study journey in Australia, including his prior education in Nigeria, his work experience, and his motivations for pursuing further study in Australia. He explained his decision to change his degree from Master of Property Development to Master of Planning during his studies. Based on the evidence presented, the Tribunal concluded that the applicant met the criterion set out in clause 485.231.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a specific direction that the applicant satisfies the criterion under clause 485.231 of Schedule 2 to the Regulations. The Minister was to proceed to consider the remaining criteria for the grant of the Subclass 485 visa.