Bhagchandani (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, specifically under the Subclass 186 (Employer Nomination Scheme) Direct Entry stream. The applicant's nominated occupation was Chef. The core of the dispute revolved around whether the applicant met the specified work experience and skill level requirements for this visa subclass.

The Tribunal was required to determine if the applicant satisfied the criteria set out in clause 186.234 of the Migration Regulations 1994. Specifically, the Tribunal had to assess whether the applicant's skills assessment met the requirements of subclause 186.234(2), particularly the condition that the assessment must not be for a Subclass 485 (Temporary Graduate) visa, and whether the applicant met any of the exemption categories under subclause 186.234(3).

The Tribunal found that the applicant did not fall into any of the specified exemption categories under clause 186.234(3). Furthermore, while the applicant had obtained a skills assessment from TRA, the Tribunal determined that this assessment was explicitly stated to be provisional and only suitable for a Subclass 485 visa application, thus failing to meet the requirement under clause 186.234(2)(aa). As all conditions within subclause 186.234(2) must be met, and this condition was not satisfied, the Tribunal concluded that the applicant did not meet the criteria for the Direct Entry stream.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Subclass 186 visa.