Senaratne (Migration)

This matter concerned an appeal by an applicant for a Skilled (Provisional) (Class VC) visa, Post-Study Work stream, against a decision to affirm the refusal of their visa application. The applicant sought review of the Administrative Appeals Tribunal's decision.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 485.231 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant held a qualification specified by the Minister, conferred by a specified educational institution, and if their study for that qualification satisfied the 'Australian study requirement' in the six months immediately preceding the visa application.

The Tribunal found that the applicant held a Bachelor of Commerce degree, which was a specified qualification, and that it was conferred by Deakin University, a specified educational institution. The Tribunal was satisfied that the applicant's study met the 'Australian study requirement' as defined by regulation 1.15F, including being a registered course completed in at least 16 calendar months, representing at least two academic years of study (defined as 92 weeks), with all instruction in English, and undertaken while holding a visa authorising study. Despite these findings, the Tribunal affirmed the decision not to grant the visa, referring the matter to the Department.