Patel (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. The core of the dispute centred on whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant held a qualification of a kind specified by the Minister, conferred or awarded by a specified educational institution, and whether their study for that qualification satisfied the 'Australian study requirement' in the six months prior to their visa application. This involved examining relevant legislative instruments, including IMMI 13/013 and IMMI 13/031, as well as the definition of the 'Australian study requirement' under regulation 1.15F.

The Tribunal found that the applicant's Master of Professional Accounting qualification was specified by the Minister under IMMI 13/013. Furthermore, the evidence indicated that this qualification was awarded by Torrens University Australia, which was identified as a specified educational institution in IMMI 13/031 and was registered on the Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS). The Tribunal also concluded that the applicant's study met the 'Australian study requirement' as defined by regulation 1.15F, which includes criteria such as completion of registered courses, duration of study, academic years, instruction in English, and undertaking the study in Australia on a visa authorising study.

Consequently, the Tribunal determined that the applicant met the criteria set out in clause 485.231. The matter was remitted to the Minister for reconsideration, with a direction that the applicant had satisfied this specific criterion for the Subclass 485 visa.