Wang (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Subclass 485 (Temporary Graduate) visa. The applicant's eligibility for this visa hinged on satisfying the 'Australian study requirement' as stipulated in clause 485.221 of Schedule 2 to the Migration Regulations 1994. This requirement mandates that the applicant must have completed the Australian study requirement in the six months immediately preceding the date of their visa application.

The primary legal issue before the Tribunal was whether the applicant had met the definition of the 'Australian study requirement'. This definition, found in regulation 1.15F(1), requires the completion of one or more registered courses from an Australian educational institution, undertaken in Australia on a study-authorised visa, with all instruction in English, over a minimum of 16 calendar months and at least two academic years of study. The Tribunal was required to assess if the applicant's stated qualifications and study periods met these cumulative criteria within the specified timeframe before their visa application.

The Tribunal reasoned that the applicant had provided evidence of completing a Certificate IV in Commercial Cookery, a Certificate IV in Patisserie, and a Diploma of Hospitality. These courses were registered, conducted in English, and undertaken while the applicant held a student visa. Critically, the Tribunal found that the total duration of these courses amounted to at least 16 calendar months and cumulatively achieved at least two academic years of study. Furthermore, the Tribunal determined that the applicant had satisfied the requirement of completing these studies within the six months immediately prior to their visa application date of 21 August 2019.

Consequently, the Tribunal found that the applicant met the requirements of clause 485.221. The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with the direction that the applicant satisfies this specific criterion.