SINGH (Migration)

The Administrative Appeals Tribunal considered an application for review by Mr Singh concerning the refusal of his Skilled (Provisional) (Class VC) visa, Subclass 485, Graduate Work stream. The primary issue before the Tribunal was whether Mr Singh met the criteria under cl.485.222 of Schedule 2 to the Regulations, which requires that any qualification used to satisfy the Australian study requirement must be closely related to the applicant's nominated skilled occupation. Mr Singh had nominated the occupation of Air-conditioning and Refrigeration Mechanic (ANZSCO 342111).

The Tribunal was required to determine if Mr Singh's Advanced Diploma of Business, the qualification completed within six months of his visa application, was "closely related" to the nominated occupation of Air-conditioning and Refrigeration Mechanic. The delegate's decision, which was under review, had found that the ANZSCO description for Air-conditioning and Refrigeration Mechanic did not include business-related activities, and therefore the Advanced Diploma of Business was not considered closely related.

In its reasoning, the Tribunal noted that while Mr Singh stated his intention to open his own business and that his business qualifications would assist him in areas such as running a business and customer satisfaction, these future plans and the general utility of a business qualification did not satisfy the delegate, nor the Tribunal, that the qualification was "closely related" to the technical requirements of the nominated occupation as defined by ANZSCO. The Tribunal concluded that Mr Singh did not satisfy cl.485.222.

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