Pyakurel (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream, made by an applicant whose visa application was remitted for reconsideration. The central dispute concerned whether the applicant satisfied the Australian study requirement as stipulated in clause 485.231 of Schedule 2 to the Regulations.

The primary legal issue before the Tribunal was the interpretation of the Australian study requirement, specifically how it applied when an applicant completed two courses concurrently, each of 78 weeks duration. The Tribunal was required to determine if this concurrent study satisfied the length of study requirement for the visa.

The Tribunal reasoned that the applicant met the criterion in clause 485.231(3) of Schedule 2 to the Regulations. Although the specific details of the Tribunal's reasoning regarding the concurrent study are not elaborated in the provided text, the finding indicates that the duration of the two courses, even when undertaken simultaneously, was considered sufficient to meet the legislative requirement. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfies this particular criterion.