Bhullar (Migration)

This matter concerned an appeal by an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, Graduate Work stream. The applicant sought to rely on a Certificate III in Light Vehicle Mechanical Technology and a Diploma of Leadership and Management to satisfy the Australian study requirement. The primary dispute revolved around whether these qualifications were sufficient and whether they were closely related to the applicant's nominated skilled occupation.

The Tribunal was required to determine two key issues: first, whether the applicant met the Australian study requirement in the six months immediately preceding the visa application, and second, whether each of the qualifications relied upon was closely related to the applicant's nominated skilled occupation. The Tribunal considered the definitions of "degree," "diploma," and "trade qualification" as provided by the regulations, particularly in relation to the Australian Qualifications Framework and relevant registration systems.

The Tribunal found that while the applicant had completed the listed courses, the evidence did not establish that they met the criteria for a "degree," "diploma," or "trade qualification" as defined for the purposes of the Australian study requirement. Furthermore, the Tribunal concluded that the qualifications were not closely related to the applicant's nominated skilled occupation. Consequently, the applicant failed to satisfy the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.