Ouko (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa under the Post-Study Work stream. The applicant sought to satisfy the Australian study requirement for this visa. The decision under review was affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, particularly the 'Australian study requirement' as defined in the Migration Regulations. This involved determining if the applicant held a specified qualification awarded by a specified educational institution, and crucially, whether the study undertaken for that qualification met the duration and academic year requirements stipulated by the regulations.

The Tribunal considered the requirements of clause 485.231 of the Migration Regulations, which mandates that an applicant must hold a specified qualification awarded by a specified educational institution and have satisfied the 'Australian study requirement'. While the applicant's Bachelor of Science (Nursing) degree was a specified qualification awarded by Edith Cowan University, a specified institution, the Tribunal found that the applicant's study did not meet the 'Australian study requirement'. This requirement, under regulation 1.15F(1), necessitates the completion of courses registered, in a total of at least 16 calendar months, and as a result of at least 2 academic years of study. The Tribunal concluded that the applicant's course duration was less than 16 months, and therefore, the Australian study requirement was not satisfied.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 485 visa, as the applicant failed to satisfy the essential criteria for the visa.