Wanjiru (Migration)

This matter concerned an appeal by a visa applicant against a decision regarding their application for a Skilled Regional Sponsored (Provisional) visa (Subclass 485), specifically the Post-Study Work stream. The Administrative Appeals Tribunal, constituted by Member Antonio Dronjic, was tasked with determining whether the applicant met the requirements for this visa subclass.

The central legal issue before the Tribunal was whether the applicant satisfied clause 485.231 of the Migration Regulations 1994. This clause requires an applicant to hold a specified qualification, conferred or awarded by a specified educational institution, and to have satisfied the 'Australian study requirement' in the six months immediately preceding the visa application. The Tribunal considered whether the applicant's Master of Applied Information Technology degree was a specified qualification, whether Victoria University was a specified educational institution, and crucially, whether the applicant met the Australian study requirement as defined by regulation 1.15F(1).

The Tribunal's reasoning focused on each limb of clause 485.231. It found that the applicant's Master of Applied Information Technology degree was a specified qualification under IMMI 13/013. Furthermore, it was satisfied that Victoria University, being registered on CRICOS and offering degree-level courses, met the criteria for a specified educational institution under IMMI 13/031. Most importantly, the Tribunal concluded that the applicant met the Australian study requirement, as defined by regulation 1.15F(1), based on the evidence presented.

Consequently, the Tribunal found that the applicant met the criterion set out in clause 485.231. The Tribunal remitted the visa application to the Minister for reconsideration, with the direction that this specific criterion had been satisfied.