Rathna Jayathilake Mudiyanselage (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream, by Rathna Jayathilake Mudiyanselage. The applicant sought to satisfy the primary criteria for the visa, specifically clause 485.221 of Schedule 2 to the Regulations, which pertains to the Australian study requirement. The decision under review was made by the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether the applicant had satisfied the ‘Australian study requirement’ within the specified timeframe. This requirement, as defined by regulation 1.15F(1) of the Regulations, necessitates the completion of one or more registered courses, undertaken in Australia while holding a study-authorising visa, over a minimum of 16 calendar months and two academic years, with all instruction conducted in English. The applicant’s ability to meet this requirement was contested.

The Tribunal considered the applicant's completion of a Certificate III in Light Vehicle Mechanical Technology and a Certificate IV in Automotive Management at Berkeley College Pty Ltd (trading as North Melbourne College). The Tribunal found that these qualifications were CRICOS registered courses, completed at a CRICOS registered institution, and met the duration and academic year requirements. Furthermore, the completion certificates confirmed that the instruction was in English, and departmental checks verified that the applicant held the appropriate student visa during the study period. Based on these findings, the Tribunal concluded that the applicant had satisfied the Australian study requirement as stipulated in clause 485.221.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant had met the criteria under clause 485.221 of Schedule 2 to the Regulations. The Minister was to proceed to consider the remaining criteria for the grant of the Subclass 485 visa.