PARTAP SINGH (Migration)

The Administrative Appeals Tribunal considered an application by Partap Singh for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The core of the dispute concerned whether Mr. Singh met the Australian study requirement, which necessitates that his qualification be closely related to his nominated occupation.

The Tribunal was required to determine whether Mr. Singh's completed trade management course satisfied the Australian study requirement for the Subclass 485 visa. This involved assessing the relevance of his qualification as a whole to his nominated occupation, rather than focusing on specific subjects studied, and considering his stated intention to manage his own business.

The Tribunal reasoned that the relevance of the qualification to the nominated occupation must be assessed, not its potential relevance to a future occupation. It found that Mr. Singh's trade management course, when considered in its entirety, did not demonstrate a close relationship to his nominated occupation. Consequently, he did not satisfy the criteria for the grant of the visa.

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