Vishal Deep (Migration)

This matter concerned an application for a Skilled Graduate (subclass 485) visa by Vishal Deep. The applicant sought review of a decision by the Administrative Appeals Tribunal (the Tribunal) which affirmed the delegate's refusal to grant the visa. The primary issue before the Tribunal was whether the applicant met the study requirements for the visa, specifically that his qualifications were closely related to his nominated occupation.

The Tribunal was required to determine whether the applicant satisfied the '2-year study requirement' as prescribed by clause 485.213(a) of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the applicant's completed courses, namely a Certificate III in Food Processing (Retail Baking - Cake and Pastry) and a Diploma of Business Management, were sufficient in duration and closely related to the nominated occupation of pastry cook (ANZSCO 3511).

The Tribunal reasoned that to satisfy the 2-year study requirement, a total of at least 16 calendar months of study, comprising at least 2 academic years, was necessary. While the applicant had completed a Certificate III in Food Processing and a Diploma of Business Management, the Tribunal found that the Diploma of Business Management alone, being 48 weeks in duration, did not meet the minimum requirement of 2 academic years of study. Furthermore, the Tribunal concluded that the Diploma of Business Management was not closely related to the nominated occupation of pastry cook. Consequently, the applicant failed to satisfy the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant the applicant a Skilled (Provisional) (Class VC) visa.