Tamang (Migration)

The Administrative Appeals Tribunal considered the application of Mr. Tamang for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. The central dispute concerned whether Mr. Tamang met the Australian study requirements for the visa.

The Tribunal was required to determine whether Mr. Tamang held a qualification specified by the Minister, whether that qualification was conferred by a specified educational institution, and crucially, whether his study for that qualification satisfied the Australian study requirement as defined in the Migration Regulations 1994. This involved an examination of the relevant legislative instruments and definitions, including those pertaining to registered courses, duration of study, and academic years.

The Tribunal reasoned that Mr. Tamang held a Master of Social Work (Qualifying) degree, which was a specified qualification. It further found that Federation University Australia, which awarded the degree, was a specified educational institution as it was registered on CRICOS and offered courses at degree level or above. The Tribunal then considered the Australian study requirement, noting the definitions of "completed" and "academic year" and the criteria for a "registered course." Based on its findings, the Tribunal concluded that Mr. Tamang met the requirements of clause 485.231 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that Mr. Tamang met the criterion under clause 485.231.