1505896 (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically a Subclass 187 (Regional Sponsored Migration Scheme) visa. The applicant sought to have her visa application reconsidered by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.234 of Schedule 2 to the Migration Regulations 1994, which pertains to the skills and qualifications necessary for the occupation of a youth worker under the Direct Entry stream. This clause requires applicants to either be an exempt person, have a suitable skills assessment, or possess the qualifications listed in ANZSCO as necessary for the occupation.

The Tribunal found that the applicant did not fall within the specified classes of exempt persons, nor had she provided a skills assessment. Therefore, the Tribunal focused on whether the applicant possessed the qualifications listed in ANZSCO for a youth worker. ANZSCO indicates that for this occupation, an AQF Associate Degree, Advanced Diploma, or Diploma is generally required, though at least three years of relevant experience may substitute for formal qualifications. The Tribunal considered evidence including a Diploma of Early Childhood and Care, transcripts, and various employment references detailing the applicant's experience as a support worker and youth worker. It noted that the applicant had undertaken relevant studies and gained significant experience in roles involving the care and support of young people, including those with complex needs. The Tribunal concluded that the applicant met the criteria under clause 187.234.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.234 of Schedule 2 to the Regulations.