Study on Bridging C, D or E Does Not Count
This restrictive provision, Reg 2.27D now applies:
2.27D Study in Australia
In determining whether an applicant satisfies a criterion for the grant of a General Skilled Migration visa that the applicant has studied in Australia for a certain period, a period of study cannot be counted unless the applicant:
(i) a substantive visa; or
(ii) a Subclass 010 (Bridging A) visa; or
(iii) a Subclass 020 (Bridging B) visa;
authorising him or her to study during that period; and
(b)complied with the conditions of that visa.
Obviously students with authority to study on a Bridging C, D or E could not count that study. Students affected by this may have to do an additional course while holding a qualifying visa while doing a calculation of whether the student has done the equivalent of 2 years of academic study. The situation is slightly complicated by the fact that 2 years of academic study can be done in 16 months recognising that 2 years of study is 4 academic semesters and that by doing a summer semester, a student can achieve the 2 year rule in 16 months.
Students who have had their visas cancelled ordinarily go onto a bridging visa E. But if the student’s visa cancellation is overturned then at common law it means that the visa was never cancelled. On that basis then the bridging E would not be a disqualifying visa for the purposes of Reg 2.27D.
 See Item 28 Sched 1, Migration Amendment Regulations 2007 (No 7) 1.9.07