Singh (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, in the Graduate Work stream, brought before the Tribunal by the applicant, Mr Singh. The central dispute revolved around whether Mr Singh met the primary criteria for this visa, specifically the requirement to satisfy the 'Australian study requirement' within the six months immediately preceding his visa application.

The Tribunal was required to determine whether Mr Singh had satisfied the Australian study requirement as defined by regulation 1.15F of the Migration Regulations 1994. This involved assessing whether his completed Diploma of Automotive Management met the criteria of being a registered course, completed over at least 16 calendar months, resulting from at least two academic years of study, conducted entirely in English, and undertaken while holding a visa authorising study in Australia. Crucially, the Tribunal also had to ascertain if this qualification was completed within the six-month period prior to the visa application date.

The Tribunal found that Mr Singh had indeed met the substantive requirements of the Australian study requirement through his Diploma of Automotive Management, as it was a registered course completed over the requisite duration and academic years, taught in English, and undertaken on an appropriate student visa. However, the critical issue was the timing of completion relative to the visa application. The evidence accepted by the Tribunal established that the diploma was completed on 15 July 2018, but the visa application was not made until 18 March 2019, well outside the six-month window. Mr Singh's explanation for the delay involved commencing, but then ceasing, further studies in leadership and management, and a belief that his migration agent had misled him regarding the reasons for a prior refusal. The Tribunal noted that there was no discretion to waive this timing requirement.

Consequently, as Mr Singh failed to satisfy the requirement that the Australian study requirement be completed within the six months immediately before the day the visa application was made, he did not meet the criteria for the Subclass 485 visa. The Tribunal therefore affirmed the decision not to grant the visa.