TEO (Migration)

The Administrative Appeals Tribunal considered the application of TEO for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The dispute centred on whether TEO had satisfied the study requirement stipulated in the Migration Regulations.

The primary legal issue before the Tribunal was the interpretation and application of clause 485.231(3) of Schedule 2 to the Migration Regulations, which pertains to the completion of at least two academic years of study in Australia. The Tribunal was required to determine if TEO's completion of two courses concurrently constituted fulfilment of this requirement.

The Tribunal reasoned that TEO had indeed met the study requirement under clause 485.231(3). By completing two courses concurrently, TEO had fulfilled the necessary two academic years of study. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a specific direction that TEO met this particular criterion.