Wang (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) – Post-Study Work stream. The applicant sought review of a decision concerning their eligibility for this visa. The core of the dispute revolved around whether the applicant had satisfied the Australian study requirement for the visa.

The Tribunal was required to determine whether the applicant held a specified qualification conferred by a specified educational institution, and crucially, whether their study for that qualification met the Australian study requirement. This involved interpreting the relevant legislative instruments and regulations, particularly concerning the definition of "completed" study and the duration of academic years in the context of the Australian study requirement.

The Tribunal reasoned that the applicant held two specified qualifications, a Master of Professional Accounting and a Master of Business Administration, conferred by Holmes Institute, which was a specified educational institution. The Tribunal then considered the Australian study requirement under regulation 1.15F(1), noting that it requires completion of registered courses totalling at least 16 calendar months and at least two academic years of study. Applying the principles from *Riaz v MIBP*, the Tribunal concluded that the applicant had met the requirement for two academic years of study, as defined by the duration of registered courses under the *Education Services for Overseas Students Act 2000*, irrespective of whether the completion involved credits or recognition of prior learning.

Consequently, the Tribunal found that the applicant met the criterion under clause 485.231 of Schedule 2 to the Regulations. The matter was remitted to the Minister for reconsideration of the remaining criteria for the visa.