Sani (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream, made by the applicant, Sani. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the Australian study requirement as stipulated by clause 485.231 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had satisfied the Australian study requirement. This involved assessing whether the applicant held a specified qualification, whether that qualification was conferred or awarded by a specified educational institution, and crucially, whether the applicant's study for that qualification met the 'Australian study requirement' in the six months immediately preceding the visa application. The Tribunal also had to consider the definitions of terms such as 'degree', 'diploma', 'trade qualification', 'registered course', 'completed', and 'academic year' as provided in the Regulations and relevant legislative instruments.

The Tribunal found that the applicant held a Master of Information Technology from Charles Sturt University, which was a qualification and an institution specified by the Minister in IMMI 13/013 and IMMI 13/031 respectively. Regarding the Australian study requirement, the Tribunal noted that it required completion of registered courses totalling at least 16 calendar months and at least two academic years of study, undertaken in Australia while holding a study-authorised visa. Although the specific details of the applicant's study duration and academic years were not fully elaborated in the provided text, the Tribunal concluded that the applicant met clause 485.231.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the criterion under clause 485.231. The Minister was to proceed to consider the remaining criteria for the grant of the visa.