Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Singh, who sought review of a decision not to grant him a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) in the Graduate Work stream. The central dispute concerned whether Mr. Singh satisfied the 'Australian study requirement' as stipulated by the Migration Regulations 1994.

The Tribunal was required to determine if Mr. Singh met the criteria for the Australian study requirement, specifically whether he had completed a registered course or courses resulting in a degree, diploma, or trade qualification, undertaken while in Australia on a study-authorised visa. This requirement mandated completion within a specific timeframe immediately preceding the visa application, with a potential extension for applicants who were outside Australia during a particular period in 2020. The Tribunal also had to consider the definition of 'completed' in relation to a qualification and the duration of an 'academic year'.

The Tribunal found that Mr. Singh had provided evidence of a Certificate III in Painting and Decorating, a Diploma of Management, and two Business qualifications. However, the delegate had determined that the Certificate III in Painting and Decorating, which was the qualification most relevant to satisfying the timeframe, was completed more than six months before the visa application date. During the hearing, Mr. Singh conceded that the coursework for this qualification was completed six months and one day prior to his application, attributing this to an error by his former migration agent. The Tribunal applied the definition of 'completed' as meeting the academic requirements for the award of the qualification and noted that the applicant's own concession established that the timeframe requirement was not met.

Consequently, the Tribunal concluded that Mr. Singh did not satisfy the primary criteria for the grant of the Subclass 485 visa. Accordingly, the Tribunal affirmed the delegate's decision not to grant the visa.