ZHANG (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Zhang, a citizen of China, who sought review of a decision not to grant her a Skilled (Provisional) (Class VC) visa, subclass 485, in the Graduate (Post Study Work) stream. The applicant had completed a Bachelor of Science in China, an EAP course in Australia, a Master of Education (Coursework) at Murdoch University, and a Graduate Diploma in Education (Secondary Education) at Curtin University. The visa application was made on 14 July 2016.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria for the subclass 485 visa, specifically clause 485.231 of Schedule 2 to the Regulations. This clause requires the applicant to hold a qualification specified by the Minister, 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 had to determine if the applicant's qualifications met these requirements, particularly whether the Graduate Diploma in Education was a specified qualification under the relevant ministerial instrument.

The Tribunal found that the applicant's Master of Education (Coursework) was a specified qualification under IMMI 13/013, as it was an Australian Qualifications Framework level seven or higher qualification. However, the Tribunal was not satisfied that the applicant's Graduate Diploma in Education met the criteria in IMMI 13/013, concluding it was not a higher-level qualification as defined. As the applicant's eligibility for the visa depended on satisfying all aspects of clause 485.231, and the Graduate Diploma was not considered a specified qualification, the applicant failed to meet the visa requirements.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.