Sudhakaran (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994. This clause mandates that an applicant must hold a specified qualification, conferred by a specified educational institution, and that their study for that qualification must have satisfied the 'Australian study requirement' in the six months immediately preceding the visa application.

The Tribunal found that the applicant held a Master of Information Technology (Mobile Application Development), which was a qualification specified by the Minister under IMMI 13/013. Furthermore, the qualification was awarded by CQ University Australia, an institution specified under IMMI 13/031. The Tribunal also determined that the applicant met the 'Australian study requirement' as defined by regulation 1.15F(1), having completed a registered course of at least 16 calendar months and at least two academic years of study, with all instruction in English, undertaken in Australia while holding a study-authorised visa.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with a direction that the applicant met the criterion under clause 485.231.