Dantes (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 primary dispute concerned whether the applicant met the specific criteria for this visa subclass, as outlined in Schedule 2 of the Regulations.

The Tribunal was required to determine if the applicant satisfied clauses 187.232 and 187.234 of Schedule 2 to the Regulations. Clause 187.232 pertains to English language proficiency, requiring either competent English or inclusion in a specified exempt class. Clause 187.234 addresses skills and qualifications, requiring the applicant to be an exempt person, have a positive skills assessment from a specified authority for their nominated occupation (with certain conditions regarding the assessment's validity and type), or possess the qualifications listed in ANZSCO for that occupation.

The Tribunal found that the applicant had not provided evidence of successful completion of an English language test or holding a specified passport, nor were they identified as belonging to an exempt class. Consequently, clause 187.232 was not met. Furthermore, the applicant failed to demonstrate they were an exempt person, provide evidence of a positive skills assessment that met the regulatory requirements, or show they possessed the necessary qualifications for the nominated occupation as per ANZSCO. As the applicant did not satisfy these essential criteria, the Tribunal affirmed the decision not to grant the visa.