Manmeet Singh (Migration)

The Administrative Appeals Tribunal considered the case of Manmeet Singh concerning an application for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 (Temporary Graduate) visa, Post-Study Work stream. The dispute centred on whether the applicant satisfied the Australian study requirement as stipulated by the relevant migration regulations.

The primary legal issue before the Tribunal was to determine if the applicant met the requirements of Clause 485.231, which mandates holding a qualification specified by the Minister, awarded by an educational institution specified by the Minister, and satisfying the 'Australian study requirement' in the six months immediately preceding the visa application date. The applicant contended that he had completed all degree requirements, based on a document showing final subject results by 24 June 2016. However, one subject's result was marked as "Withheld," and although the applicant believed this would be resolved with the same completion date, he had not obtained an official academic transcript prior to lodging his visa application on 9 August 2016.

The Tribunal found that the applicant did not meet Clause 485.231. It accepted the applicant's belief that he met the requirements was genuine, but noted that he could have deferred his application until 31 August 2016, the expiry date of his student visa, had he been uncertain about his completion date. Crucially, the applicant had not obtained a copy of his academic transcript before applying. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a Subclass 485 visa.

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