Syed Mokhsain (Migration)

The Administrative Appeals Tribunal considered an application by Syed Mokhsain for review of a decision not to grant him a Subclass 485 Skilled (Provisional) visa. The core of the dispute centred on whether Mr. Mokhsain met the requirements of clause 485.231 of the Migration Regulations 1994.

The Tribunal was required to determine whether Mr. Mokhsain held a qualification specified by the Minister, conferred by a specified educational institution, and whether his study for that qualification satisfied the 'Australian study requirement' in the six months immediately preceding his visa application. This involved interpreting the definitions of terms such as 'completed', 'academic year', and the conditions for satisfying the 'Australian study requirement' as outlined in the Regulations and relevant ministerial instruments.

The Tribunal found that while Mr. Mokhsain held a Bachelor of Business Management/Bachelor of Information Technology conferred by the University of Queensland, which were specified qualifications and institutions, he failed to satisfy the 'Australian study requirement'. Specifically, the Tribunal determined that his study did not meet the duration and academic year requirements stipulated by the Regulations and the instrument LIN19/085, which defines an academic year as at least 46 weeks.

Consequently, the Tribunal affirmed the decision not to grant Mr. Mokhsain the Subclass 485 visa, as he did not meet the necessary criteria for its grant.