Parmar (Migration)

The Administrative Appeals Tribunal considered the case of Parmar (Migration), concerning an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. The central dispute revolved around whether the applicant met the Australian study requirement for the visa.

The Tribunal was required to determine if the applicant's study for the specified qualification satisfied the Australian study requirement as stipulated in clause 485.231(3) of the Regulations. This clause mandates that the applicant's study for the qualification(s) must have met the Australian study requirement in the six months immediately preceding the visa application. The definition of the Australian study requirement, found in regulation 1.15F(1), involves completing one or more registered courses at an Australian educational institution, totalling at least 16 calendar months, with at least two academic years of study, conducted entirely in English, and undertaken in Australia on a student visa.

The Tribunal reasoned that the definition of "academic year" and the concept of "completed" study, as interpreted in *Riaz v MIBP*, were crucial. Specifically, the Tribunal noted that an academic year is at least 46 weeks, and a course registered under the *Education Services for Overseas Students Act 2000* for 92 weeks would satisfy the duration requirement. Furthermore, the Tribunal accepted that "completed" study means meeting the academic requirements for the award of the qualification, and this can include recognition of prior learning or course credits, as established in *Riaz v MIBP*. Applying these principles, the Tribunal found that the applicant's combined study for the Master of Professional Accounting and the dual Master of Professional Accounting and Master in Business Administration, undertaken at Australian institutions and meeting the duration and registration requirements, satisfied clause 485.231(3).

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the Australian study requirement under clause 485.231(3). The Minister is to consider the remaining criteria for the visa.