SINGH (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Singh, who sought to satisfy the primary criteria for a Subclass 485 Temporary Graduate visa in the Graduate Work stream. The dispute centred on whether Mr. Singh met the requirements of clauses 485.221 and 485.222 of Schedule 2 to the Migration Regulations 1994, specifically concerning the Australian study requirement and the relationship between his qualifications and his nominated occupation.

The Tribunal was required to determine two key legal issues. Firstly, whether Mr. Singh had satisfied the 'Australian study requirement' in the six months immediately preceding his visa application. Secondly, and crucially, whether each degree, diploma, or trade qualification used to satisfy this requirement was 'closely related' to his nominated skilled occupation of Chef.

The Tribunal found that Mr. Singh had satisfied the Australian study requirement, as defined by regulation 1.15F, based on his completed courses. However, the central issue revolved around clause 485.222, which requires qualifications to be closely related to the nominated occupation. The applicant argued that his Advanced Diploma of Marketing was closely related to the occupation of Chef, citing various units of study such as compliance management systems, diversity policy, and marketing plan development. He contended that these units had parallels with tasks such as enforcing hygiene regulations, selecting and training staff, menu development, and cost management. The Tribunal, however, concluded that while the Advanced Diploma of Marketing was an eligible qualification, it was generic in nature and merely complimentary to the occupation of Chef, rather than closely related.

Consequently, the Tribunal affirmed the decision under review, finding that Mr. Singh did not meet the criteria for the Subclass 485 visa because his Advanced Diploma of Marketing was not considered closely related to his nominated occupation of Chef.