Angrej Singh (Migration)

The applicant, Angrej Singh, sought review of a decision concerning his eligibility for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The core dispute revolved around whether the applicant's Australian qualifications were "closely related" to his nominated occupation of Chef, as required by the visa regulations. The matter was heard by Wan Shum of the Tribunal.

The Tribunal was required to determine if the applicant satisfied the criteria for the Subclass 485 visa, specifically focusing on clause 485.222 of Schedule 2 to the Regulations. This clause mandates that each degree, diploma, or trade qualification used to satisfy the Australian study requirement must be closely related to the applicant's nominated skilled occupation. The applicant had nominated the occupation of Chef and presented several qualifications, including a Diploma of Leadership and Management.

In its reasoning, the Tribunal considered the applicant's submission that units within his Diploma of Leadership and Management were relevant to the duties of a Chef, such as planning, organising, and enforcing hygiene regulations. However, the Tribunal found that the applicant had merely restated the words from the ANZSCO description of the occupation and had not provided sufficient evidence to demonstrate how the specific subjects studied in the Diploma of Leadership and Management actually related to the practical aspects of planning dishes or organising food preparation and cooking. The Tribunal concluded that the applicant had not established that the qualification was closely related to the nominated occupation.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa, as he failed to satisfy the visa criteria.