Tamrakar Joshi (Migration)

The Administrative Appeals Tribunal considered the application of Mr. Tamrakar Joshi for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate (Post-study work) stream. The central dispute concerned whether Mr. Joshi met the Australian study requirement as stipulated by clause 485.231 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if Mr. Joshi satisfied the criteria for the Subclass 485 visa, specifically clause 485.231, which mandates holding a specified qualification awarded by a specified educational institution, and that the applicant's study for that qualification met the Australian study requirement within the six months immediately preceding the visa application. The definition of the Australian study requirement itself, as outlined in regulation 1.15F, was also a key element, encompassing aspects such as the completion of registered courses, minimum duration of study, instruction in English, and undertaking the study in Australia on a student-authorised visa.

The Tribunal reasoned that the applicant had met the requirements of clause 485.231. It noted that the Minister had specified eligible qualifications in IMMI 13/013, including Bachelor Degrees and higher, and eligible educational institutions in IMMI 13/031, provided they were registered on CRICOS and offered degree-level courses. The Tribunal found that the applicant's qualifications met these specifications.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the first applicant, Mr. Tamrakar Joshi, met the criterion specified in clause 485.231 of Schedule 2 to the Regulations.