Dilraj Singh (Migration)

The Administrative Appeals Tribunal considered the case of Dilraj Singh, an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The dispute centred on whether Mr. Singh met the primary criteria for this visa, specifically those relating to the Australian study requirement and the close relationship between his qualification and nominated occupation.

The legal issues before the Tribunal were whether the applicant satisfied clause 485.221 of Schedule 2 to the Migration Regulations 1994, which requires the applicant to have satisfied the Australian study requirement in the six months immediately preceding the visa application, and clause 485.222, which mandates that each qualification used to satisfy this requirement must be closely related to the applicant's nominated skilled occupation. The applicant nominated the occupation of Painting Trades Worker and relied on a Certificate III in Painting and Decorating and a Diploma of Building and Construction (Building) to meet the Australian study requirement.

The Tribunal reasoned that the applicant had provided sufficient evidence to satisfy clause 485.221. Regarding clause 485.222, the Tribunal considered the applicant's explanation that painting is an integral part of the building and construction industry and that his Diploma of Building and Construction (Building) provided him with skills in estimating, safe construction practices, project organisation, quality control, measurements, calculations, working in confined spaces and at heights, and waste disposal, all of which he argued were relevant to his nominated occupation. The Tribunal accepted these submissions, finding that the Diploma of Building and Construction (Building) was closely related to the nominated occupation of Painting Trades Worker.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant had met the requirements of clauses 485.221 and 485.222 of Schedule 2 to the Regulations.