Sitienei (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream. The applicant sought review of a decision concerning their eligibility for the visa. The Tribunal was required to determine whether the applicant satisfied the Australian study requirement as stipulated by clause 485.231 of the Migration Regulations 1994.

The central legal issue was whether the applicant's study for a specified qualification met the 'Australian study requirement' in the six months immediately preceding their visa application. This requirement, as defined by regulation 1.15F(1), necessitates the completion of registered courses undertaken in Australia, totalling at least 16 calendar months and involving at least two academic years of study, with all instruction conducted in English. The definition of 'completed' in relation to a qualification means meeting the academic requirements for its award.

The Tribunal reasoned that, in accordance with the principles established in *Riaz v MIBP*, the 'Australian study requirement' is satisfied if an applicant has completed courses registered under the *Education Services for Overseas Students Act 2000* with a duration of at least 92 weeks. This is irrespective of whether the completion involved credits or recognition of prior learning, provided the academic requirements for the award were met. The Tribunal concluded that the applicant met clause 485.231(3) based on this interpretation.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant satisfies the Australian study requirement under clause 485.231(3). The Minister is to consider the remaining criteria for the visa.