Singh (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Mr Singh. The central dispute revolved around whether Mr Singh satisfied the Australian study requirement, which stipulated that his qualification must have been completed within the six months immediately preceding the date of his visa application. The Administrative Appeals Tribunal (AAT) was tasked with determining this issue.

The primary legal question before the Tribunal was whether Mr Singh had met the requirements of clause 485.231 of the Migration Regulations 1994. This clause mandates that an applicant must hold a specified qualification, awarded by a specified educational institution, and have satisfied the Australian study requirement in the six months before lodging their visa application. Mr Singh lodged his application on 12 September 2019, and initially provided a completion letter from Western Sydney University dated 25 September 2019, indicating his course was completed after the application date.

During the review, further evidence was obtained from the applicant's project supervisor, Dr Laurel Jackson. Dr Jackson confirmed that Mr Singh's final business project unit was submitted on 2 September 2019, internally assessed, and graded as satisfactory by 9 September 2019. Crucially, Dr Jackson stated that Mr Singh had no further academic requirements to complete as of that date. Based on this evidence, the Tribunal found that Mr Singh completed his Master of Business Administration course on 9 September 2019, which was within the six-month period prior to his visa application.

Consequently, the Tribunal determined that Mr Singh met the criterion under clause 485.231. The Tribunal remitted the visa application to the Minister for reconsideration, with the direction that this specific criterion had been satisfied.