Riaz (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. The applicant sought review of a decision concerning their eligibility for this visa. The core of the dispute revolved around whether the applicant had met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant held a specified qualification, whether that qualification was conferred by a specified educational institution, and crucially, whether the applicant's study for that qualification satisfied the 'Australian study requirement'. This requirement, as defined in regulation 1.15F(1), necessitates the completion of registered courses totalling at least 16 calendar months, representing at least two academic years of study, undertaken in Australia while holding a valid visa, and with all instruction conducted in English.

The Tribunal reasoned that the applicant held a Master of Environmental Science, a qualification specified by the Minister. Furthermore, the University of Western Australia, which conferred the qualification, was a registered educational institution on CRICOS. The Tribunal found that the applicant's study met the definition of the 'Australian study requirement' because the course was registered, completed in a total of 16 calendar months, and represented at least two academic years of study. The Tribunal noted that an academic year was defined as at least 46 weeks.

Consequently, the Tribunal found that the applicant met the criteria under clause 485.231. The Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant had satisfied this specific criterion for the Subclass 485 visa.