Patel (Migration)

The Administrative Appeals Tribunal considered an application by Mr Patel for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa under the Post-Study Work stream. The central dispute concerned whether Mr Patel satisfied the Australian study requirement for this visa subclass, which mandates that studies must have been completed within the six months immediately preceding the visa application.

The Tribunal was required to determine whether Mr Patel met the criteria outlined in clause 485.231 of Schedule 2 to the Migration Regulations 1994. This involved assessing whether he held a specified qualification, whether that qualification was conferred by a specified educational institution, and crucially, whether his study satisfied the Australian study requirement within the specified timeframe. The definition of "completed" in relation to a qualification, meaning the academic requirements for its award have been met, and the duration of an "academic year" were also relevant considerations.

The Tribunal reasoned that Mr Patel held a Master of Global Project Management (Advanced), a qualification specified by the Minister under IMMI 13/013. Furthermore, his qualification was awarded by Torrens University, which is a specified educational institution under IMMI 13/031. The Tribunal found that Mr Patel met the definition of satisfying the Australian study requirement as per regulation 1.15F(1), having completed a registered course over at least 16 calendar months, involving at least two academic years of study, with all instruction in English, and undertaken while lawfully in Australia.

Consequently, the Tribunal concluded that Mr Patel met the criteria under clause 485.231. The matter was remitted to the Minister for reconsideration of the visa application, with a direction that this specific criterion had been satisfied.