Ali (Migration)

The Administrative Appeals Tribunal considered a decision concerning an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The primary applicant sought this visa, with their spouse and two children included as secondary applicants in a joint application lodged on 1 June 2017. The core of the dispute revolved around whether the primary applicant met the specific criteria for the visa, particularly concerning their qualifications and work experience.

The Tribunal was required to determine if the primary applicant satisfied the requirements of clause 187.234 of Schedule 2 of the Migration Regulations 1994. This clause outlines three alternative pathways for applicants in the direct entry stream: being an exempt person, having their skills assessed by a specified authority if their occupation is listed and they did not obtain qualifications in Australia, or possessing the qualifications listed in ANZSCO as necessary for the occupation if neither of the first two alternatives applies. For applications lodged on or after 18 March 2018, an additional requirement of at least three years of full-time employment at the required skill level was also relevant, though not directly applicable to this 2017 application.

The Tribunal found that the primary applicant's highest qualification was an advanced diploma, which did not align with the Bachelor's degree typically required by ANZSCO for the nominated occupation. Furthermore, the Tribunal assessed the applicant's work experience, noting periods of part-time and full-time employment in various positions. It concluded that this experience was at a lower level than that required for the nominated occupation, and therefore, the applicant did not meet the criteria under clause 187.234(c). As the primary applicant failed to satisfy the eligibility requirements, the secondary applicants, as claimed members of the same family unit, could not meet the criteria under clause 187.311(a). Consequently, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.