1514448 (Migration)

This matter concerned an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, heard by a Member of the Tribunal. The applicant sought to demonstrate that they met the requirements of clause 187.234 of Schedule 2 to the Regulations, which pertains to the qualifications necessary for the nominated occupation as listed in ANZSCO.

The central legal issue before the Tribunal was whether the applicant possessed the qualifications specified in ANZSCO as essential for performing the tasks of the occupation of Hairdressing. Specifically, the Tribunal had to determine if the applicant met the criteria under clause 187.234, which, in the absence of being an exempt person or having obtained qualifications overseas, required the applicant to have the qualifications listed in ANZSCO, namely an AQF Certificate III with at least two years of on-the-job training or an AQF Certificate IV.

The Tribunal reasoned that the applicant, having studied Hairdressing in Australia and not being an exempt person, was required to satisfy the criterion of holding the necessary ANZSCO qualifications. While initial documentation was insufficient, the applicant eventually provided evidence, including a letter from their training provider and copies of the certificates, demonstrating the award of an AQF Certificate III in Hairdressing on 10 August 2012 and an AQF Certificate IV on 17 December 2012. The Tribunal was satisfied that the applicant had indeed completed an AQF Certificate IV in Hairdressing in Australia, thereby meeting the requirements of clause 187.234 at the time of application. Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant had met this specific criterion.