Kaur (Migration)

The matter before the Tribunal concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Ms Kaur. The core dispute revolved around whether Ms Kaur satisfied the requirements of clause 485.221 of Schedule 2 to the Migration Regulations 1994, specifically concerning the Australian study requirement and the completion of courses closely related to her nominated occupation of Carpenter.

The Tribunal was required to determine if Ms Kaur's studies in Certificate III in Carpentry and Certificate IV in Building and Construction (Building) met the criteria for the Australian study requirement, which mandates that relevant qualifications be obtained within the six months immediately preceding the visa application. A key aspect of this determination was whether the completed courses were sufficiently continuous and supportive of her nominated skilled occupation.

In reaching its conclusion, the Tribunal considered the evidence presented, including Ms Kaur's qualifications, her nominated occupation assessed by Trades Recognition Australia, and her current employment as a carpenter. The Tribunal found that Ms Kaur met the criteria under clause 485.221 and clause 485.222 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration with a direction that these criteria were satisfied.