Shirtliffe (Migration)

The Administrative Appeals Tribunal considered the migration case of Shirtliffe, concerning an applicant seeking a Subclass 485 visa. The central dispute revolved around whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant satisfied three key criteria under clause 485.231: firstly, whether the applicant held a qualification specified by the Minister; secondly, whether that qualification was conferred or awarded by an educational institution specified by the Minister; and thirdly, whether the applicant’s study for that qualification met the ‘Australian study requirement’ in the six months immediately preceding the visa application.

The Tribunal found that the applicant held a Bachelor of Education/Bachelor of Science, which was a specified qualification under IMMI 13/013. Furthermore, the qualification was awarded by the University of the Sunshine Coast, an institution specified under IMMI 13/031. The Tribunal also concluded that the applicant met the ‘Australian study requirement’ as defined by regulation 1.15F, having completed a qualification through a registered course undertaken in Australia while holding a study-authorising visa, meeting the duration and academic year requirements.

Consequently, the Tribunal remitted the visa applications for the first, second, and third named applicants for reconsideration by the Minister, with a direction that the first named applicant met the criterion specified in clause 485.231.