Wangmo (Migration)

The Administrative Appeals Tribunal considered the case of Wangmo, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485, Post-Study Work stream. The dispute centred on whether the applicant met the requirements of clause 485.231 of Schedule 2 to the Migration Regulations 1994, which pertains to the Australian study requirement for this visa subclass.

The Tribunal was required to determine if the applicant held a specified qualification, if that qualification was awarded by a specified educational institution, and if the applicant's study for that qualification met the Australian study requirement within the prescribed timeframe. Specifically, the Tribunal needed to assess whether the applicant's Bachelor of Engineering qualification was of a kind specified by the Minister, conferred by an eligible institution, and completed in accordance with the regulations regarding course duration, academic years of study, instruction in English, and the applicant's visa status during study.

The Tribunal reasoned that the applicant's Bachelor of Engineering (Civil) from Edith Cowan University satisfied the criteria for a specified qualification awarded by a specified educational institution, as both the qualification type and the university (registered on CRICOS) were recognised under the relevant instruments. Furthermore, the Tribunal found that the applicant's study met the Australian study requirement, having been completed in 16 months, representing at least two academic years of study, with all instruction in English, and undertaken while the applicant held a student visa in Australia.

Consequently, the Tribunal concluded that the applicant met the requirements of clause 485.231. The matter was remitted to the Minister for reconsideration of the visa application, with the direction that the applicant had satisfied this specific criterion.