TWAYANA (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, made by an applicant whose visa application had been refused. The core of the dispute concerned whether the applicant satisfied the Australian study requirement as stipulated in clause 485.231(3) of Schedule 2 to the Migration Regulations 1994 (Cth).

The primary legal issue before the Tribunal was to determine whether the applicant's studies, which involved completing two courses concurrently and receiving recognition of prior learning for subjects credited towards both courses, met the requirement of completing studies in an academic year with a duration of at least 92 weeks. This involved interpreting the meaning of "academic year" and how concurrent study and recognition of prior learning should be accounted for in calculating the total study duration for the purpose of meeting the Australian study requirement.

The Tribunal found that the applicant did meet the criterion in clause 485.231(3). The reasoning focused on the fact that the applicant had completed studies that, when properly accounted for, satisfied the duration requirement. The Tribunal did not elaborate on the specific methodology for calculating the 92 weeks in the provided text, but its finding indicates that the concurrent study and recognition of prior learning did not preclude the applicant from meeting the requirement.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration. The direction was that the applicant be taken to meet the criterion specified in clause 485.231(3) of Schedule 2 to the Regulations, with the Minister to consider the remaining criteria for the visa.