Gurjant Singh (Migration)

The Administrative Appeals Tribunal considered an appeal by Gurjant Singh concerning his application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The delegate had assessed the application against the Post-Study Work stream, which was not the stream applied for by Mr. Singh. The central dispute revolved around whether Mr. Singh satisfied the 'Australian study requirement' as stipulated by clause 485.221 of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if Mr. Singh met the 'Australian study requirement' for the Graduate Work stream. This requirement, as defined by regulation 1.15F(1), necessitates the completion of one or more registered courses in Australia, conducted in English, undertaken while holding a study-authorising visa, over a total duration of at least 16 calendar months and comprising at least two academic years of study. The Tribunal was required to assess whether Mr. Singh's completed qualifications, a Certificate IV in Building and Construction (Building) and a Certificate III in Bricklaying/Blocklaying, met these criteria.

The Tribunal reasoned that Mr. Singh had provided evidence of completing a Certificate IV in Building and Construction (Building) on 30 June 2017, which fell within the six months immediately preceding his visa application. It was satisfied that Holmesglen Institute was a registered institution and that both the Certificate IV and Certificate III courses were registered on CRICOS with durations of 48 weeks each, totalling 96 weeks. This total duration exceeded the minimum requirement of 92 weeks for two academic years of study. Consequently, the Tribunal found that Mr. Singh met the requirements of clause 485.221.

Based on these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that Mr. Singh had satisfied the Australian study requirement under clause 485.221. The Minister was to consider the remaining criteria for the Subclass 485 visa.