D'Agostino (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant was nominated by Myaree Ceramics for the occupation of Importer. The delegate had previously refused the visa application.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 187 visa in the Direct Entry stream, specifically concerning the qualifications and work experience necessary for the nominated occupation of Importer. This involved assessing whether the applicant fell within any specified classes of exempt persons, whether the occupation was specified by the Minister, or whether the applicant possessed the qualifications listed in ANZSCO as necessary for the role.

The Tribunal found that the applicant did not meet the criteria for exempt persons as their offered salary was significantly below the threshold. Furthermore, the occupation of Importer was not specified by the Minister for the purposes of the relevant legislative instrument. Consequently, the applicant was required to demonstrate that they held the qualifications listed in ANZSCO as necessary for an Importer. The applicant presented a bachelor's degree in Technologies of Education and Communication, with a major in Communication. However, the Tribunal concluded that the content of this degree was not sufficiently related to the duties of an Importer, and the applicant also lacked the required minimum of five years of relevant work experience.

As the applicant failed to satisfy the essential criteria for the Subclass 187 visa in the Direct Entry stream, the Tribunal affirmed the delegate's decision to refuse the visa.