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Paudel (Migration) [2019] AATA 3301


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 92 weeks to constitute the requisite 2 academic years.

Department’s Decision: The Department found that the MBA and MPA are 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 that was 2 academic years in the regulations.

Tribunal’s Considerations: The fact, that 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 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 finds that the two courses were completed as a result of at least 92 weeks and 2 academic years of study.

Tribunal’s Decision: The Tribunal was satisfied that the applicant met the 2 academic years requirement.

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