Sandhu (Migration)

The Administrative Appeals Tribunal considered the case of Sandhu, an applicant for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 Temporary Graduate visa, Post-Study Work stream. The dispute centred on whether the applicant met the requirements of clause 485.231 of the Migration Regulations 1994, which pertains to holding a specified qualification awarded by a specified educational institution and satisfying the Australian study requirement.

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 if the applicant's study for that qualification met the Australian study requirement within the six months immediately preceding the visa application. The Australian study requirement, as defined, involves completing one or more degrees, diplomas, or trade qualifications registered under the Education Services for Overseas Students Act 2000, completed in at least 16 calendar months, representing at least two academic years of study, with all instruction in English, and undertaken in Australia on a visa authorising study.

The Tribunal reasoned that the applicant held a Master of Business Administration and a Master of Professional Accounting, both of which were specified qualifications under the relevant instrument. Furthermore, the Tribunal was satisfied that the Holmes Institute, which awarded these qualifications, was a specified educational institution. Regarding the Australian study requirement, the Tribunal found that the applicant had completed her Master of Professional Accounting and Master of Business Administration on 9 March 2018, having undertaken full-time study from July 2016 to March 2018. This period satisfied the criteria of at least two academic years of study and completion within the six months prior to the visa application.

Consequently, the Tribunal concluded that the applicant met the criterion set out in clause 485.231. The Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant had satisfied this specific criterion.