Singh (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Singh for a Skilled (Provisional) (Class VC) visa, specifically the Subclass 485 Temporary Graduate visa in the Graduate Work stream. The central dispute concerned whether Mr. Singh met the requirements of clause 485.224 of Schedule 2 to the Migration Regulations 1994, which pertains to the applicant's skills assessment in relation to their nominated occupation.

The Tribunal was required to determine two key issues. Firstly, whether Mr. Singh had been assessed as suitable for his nominated occupation by a relevant assessing authority within the preceding three years, and if so, whether that assessment remained valid. Secondly, if the skills assessment was based on a qualification obtained in Australia while holding a student visa, the Tribunal had to ascertain whether that qualification resulted from studying a registered course as defined by the regulations.

In its reasoning, the Tribunal found that Mr. Singh had provided a skills assessment from Trades Recognition Australia (TRA), dated 11 December 2019, which was subsequently verified by TRA. This satisfied the requirement for a suitable skills assessment. Furthermore, the Tribunal determined that Mr. Singh's qualification was obtained in Australia while he held a student visa, and crucially, that this qualification was the result of studying a registered course. The Tribunal applied the definition of "registered course" as provided in regulation 1.03, which refers to courses provided by an institution registered under section 9 of the Education Services for Overseas Students Act 2000.

Consequently, the Tribunal concluded that Mr. Singh met the requirements of clause 485.224. The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with a direction that Mr. Singh satisfies this specific criterion.