PAUDEL (Migration) [2019] AATA 3301 (23 July 2019)

The Australian Study Requirement is a central component of the Subclass 485 Temporary Graduate visa. Determining satisfaction of said requirement is not always simple, particularly where it is attempted to be satisfied by completion of multiple courses.

 

Facts

The applicant concurrently studied and completed a Master of Business Administration (MBA) and a Master of Professional Accounting (MPA) between July 2016 and March 2018 at Holmes Institute. The applicant included with his application a letter of completion and an academic transcript for these qualifications, and confirmation of enrollment for the 2 courses. The courses were completed in 78 weeks, which was below the 92 weeks required to constitute the requisite 2 academic years under the Australian Study Requirement.

 

Department’s Decision

The Department found that the MBA and MPA were each registered on CRICOS for 78 weeks, and as the two (2) qualifications were completed concurrently and not consecutively, they could not be counted more than once. The Department thus found that the applicant did not complete the courses as a result of at least 92 weeks of study and constituting 2 academic years pursuant to the regulations.

 

Tribunal’s Considerations

It was found by the Tribunal that the fact the applicant was able to complete part of the two (2) courses concurrently indicates that at least some of the subjects were credited towards both courses. Moreover, his academic transcript showed that he completed the same subjects to obtain the two (2) qualifications, and was granted recognition of prior learning for the other course. However, as long as the two courses were registered as being a total of 92 weeks duration, and were completed or met the academic requirements for the award of the degrees, recognition of prior learning or credits granted were a matter for the education provider in deciding what was required for a person to complete a course for conferral of the qualification/s (Riaz v MIBP [2013] FCCA 224). Thus, the Tribunal found that the two courses were completed as a result of at least 92 weeks and 2 academic years of study. The Tribunal was thus satisfied that the applicant met the 2 academic years requirement.

 

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