Ramandeep (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream, brought before the Tribunal by Ramandeep. The central dispute revolved around whether the applicant had satisfied the Australian study requirement for the visa.

The Tribunal was required to determine if the applicant met the criteria outlined in clause 485.231 of the Migration Regulations 1994. Specifically, this involved assessing whether the applicant held a qualification specified by the Minister, conferred by a specified educational institution, and whether their study for that qualification satisfied the Australian study requirement within the six months preceding the visa application. The definition of the Australian study requirement, including the duration of study and the concept of an academic year, was also a key consideration.

The Tribunal found that the applicant held a Master of Professional Accounting and a Master of Business Administration, which were specified qualifications. Furthermore, these qualifications were awarded by Holmes Institute, an institution registered on CRICOS and offering courses at degree level or above, thus meeting the specified educational institution requirement. The Tribunal concluded that the applicant met clause 485.231, indicating that the applicant had satisfied the requirements for holding a specified qualification from a specified institution and that their study met the Australian study requirement.

Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, with the direction that the first applicant had met the criterion under clause 485.231. The Minister was to consider the remaining criteria for the visa.