Bhardwaj (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by Mr. Bhardwaj. The dispute centred on whether the primary applicant met the skills and qualifications criteria under clause 187.234 of the Migration Regulations 1994 at the time of his application.

The Tribunal was required to determine if Mr. Bhardwaj satisfied one of the three alternative pathways outlined in clause 187.234 for applicants in the Direct Entry stream. These pathways relate to being a specified exempt person, having a skills assessment by a specified authority for a nominated occupation (with specific conditions regarding the assessment's validity and type), or possessing the qualifications listed in ANZSCO as necessary for the occupation.

The Tribunal found that the primary applicant's qualification satisfied the requirements of clause 187.234. Consequently, the Tribunal remitted the visa applications for reconsideration by the Minister, with a direction that the first named applicant meets the specified criteria for the Subclass 187 visa. The reconsideration was to encompass all visa applicants, including family members included in the combined application.