Singh v Minister for Immigration and Border Protection

In Singh v Minister for Immigration and Border Protection, the appellants, citizens of India, appealed against the refusal of a Subclass 485 visa by the Minister for Immigration and Border Protection, upheld by the Federal Circuit Court. Mr Singh, the primary applicant, had completed various courses including a Certificate III in Automotive Specialist, a Certificate IV in Business, a Diploma of Management, a Diploma of Automotive Technology, and an Advanced Diploma of Marketing. The Minister refused the visa application on the ground that the Advanced Diploma of Marketing was not closely related to the nominated occupation of Motor Mechanic (General), as required by clause 485.222 of Schedule 2 to the Migration Regulations 1994. The Tribunal affirmed the decision, holding that the Advanced Diploma of Marketing was not closely related to the occupation of Motor Mechanic. The court considered whether the Tribunal erred in its decision, focusing on the meaning of 'closely related' and whether the Advanced Diploma of Marketing was compatible with the nominated occupation.

The court held that the Tribunal did not make a jurisdictional error. It noted that the term 'closely related' does not require an exact correspondence but rather a relevant relationship between the course of study and the nominated occupation. The court held that the Tribunal was entitled to give substantial weight to the ANZSCO descriptions and that it was ultimately a matter for the decision-maker to decide whether an applicant’s Australian studies were closely related to the nominated occupation. The court further held that the new grounds of appeal, which were not raised before the Federal Circuit Court, could be considered as they involved questions of law and the Minister did not object to their introduction. The appeal was dismissed, and the appellants were ordered to pay the Minister’s costs.