Rexwal (Migration)

The Administrative Appeals Tribunal considered a dispute concerning a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream. The applicant sought this visa, and the core of the dispute revolved around whether the applicant met the Australian study requirement within the six months immediately preceding their visa application.

The Tribunal was required to determine if the applicant held a qualification specified by the Minister, if that qualification was conferred by a specified educational institution, and crucially, whether the applicant had satisfied the Australian study requirement as defined by the regulations. This requirement involved a detailed examination of the duration and nature of the applicant's studies, including whether they were completed as part of registered courses, undertaken over a minimum period, and pursued while the applicant held a valid Australian study visa.

The Tribunal reasoned that the applicant's Bachelor of Accounting qualification met the specified criteria under IMMI 13/031, and that La Trobe University was a specified educational institution. The central issue of the Australian study requirement was addressed by reference to regulation 1.15F(1), which outlines the conditions for satisfying this requirement. The Tribunal found that the applicant had met the criteria for cl.485.231 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant had met the criterion specified in cl.485.231. The Minister was to proceed to consider the remaining criteria for the visa.