Briggs (Migration)

The Administrative Appeals Tribunal considered the case of Briggs, concerning an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Temporary Residence Transition stream. The primary applicant, a midwife, sought this visa for herself and her family members. The central dispute revolved around whether the primary applicant met the age requirements for the visa or qualified as a member of an exempt class of persons.

The Tribunal was required to determine two key issues: firstly, whether the primary applicant satisfied the age criterion stipulated in clause 187.221 of Schedule 2 to the Regulations, which required her not to have turned 50 at the time of application; and secondly, if she did not meet the age criterion, whether she fell within any of the classes of persons exempted from this requirement as specified in legislative instrument IMMI 17/058.

The Tribunal found that the primary applicant was 54 years old when she lodged her visa application on 15 January 2018, and therefore did not meet the age requirement under clause 187.221(a). The Tribunal then examined the exemptions listed in IMMI 17/058. These exemptions included researchers, scientists, technical specialists, academics, persons who had held a Subclass 457 visa for at least four years with a specified income, and medical practitioners meeting certain employment and visa conditions. The Tribunal noted that the applicant's nominated occupation was a midwife, and she did not fall into any of the specified exempt categories.

Consequently, as the primary applicant failed to meet the age requirements and did not qualify for any of the exemptions, the Tribunal affirmed the decision not to grant the Regional Employer Nomination (Permanent) (Class RN) visas to the applicants.