Singh (Migration)

The applicant, Mr. Singh, sought review of a decision not to grant him a Subclass 485 (Temporary Graduate) visa, specifically within the graduate work stream. The dispute centred on whether Mr. Singh met the Australian study requirement, which mandates that his qualifications be closely related to his nominated occupation. The matter came before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether Mr. Singh's completed course of study was sufficiently closely related to his nominated occupation for the purposes of the Australian study requirement under the Migration Regulations. This involved considering the entirety of his study and the nature of his nominated occupation as defined by the Australian and New Zealand Standard Classification of Occupations (ANZSCO).

The Tribunal reasoned that the nominated occupation must be identified by reference to ANZSCO. It then considered the applicant's study in "trade management" and concluded that this course was not closely related to the nominated occupation. The Tribunal affirmed the original decision not to grant the visa. The Tribunal affirmed the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.