1515958 (Migration)

This matter concerned an appeal by Mr Myftari against a decision not to grant him a Subclass 187 visa in the Direct Entry stream. The dispute centred on whether Mr Myftari possessed the necessary qualifications for the occupation of Supply and Distribution Manager, as listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO), at the time he applied for the visa. The Administrative Appeals Tribunal, constituted by Kate Millar, was required to determine if Mr Myftari met the criteria for the visa.

The primary legal issue before the Tribunal was whether Mr Myftari had the qualifications listed in ANZSCO as necessary to perform the tasks of a Supply and Distribution Manager at the time of his visa application on 12 May 2015. This was a requirement under clause 187.234 of the Migration Regulations for applicants in the Direct Entry stream who did not fall into specified exempt categories or have their skills assessed by a designated authority.

The Tribunal reasoned that while it was submitted that ANZSCO was merely indicative, legislative amendments had since made the qualifications listed in ANZSCO binding. ANZSCO specified that for this occupation, a bachelor's degree or higher qualification was generally required, with at least five years of relevant experience potentially substituting for formal qualification, and in some instances, additional experience or on-the-job training might be necessary. The Tribunal found that Mr Myftari had not satisfied the requirements of ANZSCO for the occupation.

Consequently, the Tribunal affirmed the decision not to grant Mr Myftari the Subclass 187 visa in the Direct Entry stream, as the necessary criteria had not been met.