Rajoli (Migration)

The Administrative Appeals Tribunal considered the case of Rajoli concerning an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Post-Study Work stream. The applicant sought review of a decision regarding their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must hold a qualification specified by the Minister, conferred by a specified educational institution, and that their study for that qualification must have satisfied the 'Australian study requirement' in the six months prior to the visa application.

The Tribunal found that the applicant held a Master of Information Technology, which was a specified qualification under IMMI 13/013. Furthermore, the qualification was conferred by Charles Sturt University and Central Queensland University, both of which are registered on CRICOS and specified educational institutions under IMMI 13/031. The Tribunal also determined that the applicant met the 'Australian study requirement' as defined in regulation 1.15F(1), having completed a registered course over at least 16 calendar months and at least two academic years of study, with all instruction in English, undertaken in Australia while holding a study-authorised visa.

Consequently, the Tribunal concluded that the applicant met the criteria under clause 485.231. The matter was remitted to the Minister for reconsideration of the remaining criteria for the visa.