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VIC Department of Immigration Court Case - University Credit for Overseas Prior Learning?

Discussion in 'Immigration Law Forum' started by Raju KC, 14 March 2015.

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  1. Raju KC

    Raju KC Member

    13 March 2015
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    I have read recent case about Riaz vs DIBP ( Department of Immigration and Border Protection), where Federal circuit court gave decision in favour of the applicant. My question is that if some get credit prior learning overseas/ Australia, can they proceed with 485 visa applications? As from the Riaz case, it is clearly stated but what things are changed or going to changed they are still not clear. Or the decision made by the Federal court is implemented the time they gave decision to the applicant and DIBP.

    I have the same situation, as my wife completed her Nursing studies from one of the university here in Australia with 2 years credit exemption. Actually the course is a 3 year Bachelors degree.

    In this instance, what will be your thoughts?
  2. Ivy

    Ivy Well-Known Member

    10 February 2015
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    Hi Raju,

    I am unclear as to your situation.
    1. Who are you asking these questions for- you or your wife?
    2. Have you completed study in Australia or is it only your wife who has completed study in Australia?
    2. When did you or your wife complete the study?
    3. What visas are each of you applying for?
    4. What visas are you currently in the country on?
  3. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Hi Raju,

    Visa issues are always quite complicated and considered on a case by case basis. The law around it is quite vague given that it often changes. Therefore, you should ask the Immigration Department or a migration agent/lawyer given they have much most experience to draw on.

    In relation to your particular visa, have you read: the Government's visa requirements page for 485 visa? As for the case, it will apply to decisions until and unless (i) it is overturned in court; or (ii) Government enacts new legislation inconsistent with it. You can check updates on new legislation and policies on the Immigration Department's website: Notices of legislation changes. The Department's Publications and Resources section is also a good support source.

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