De Oliveira (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream, made by the applicant, De Oliveira. The dispute centred on whether the applicant met the specific criteria for the visa, particularly concerning their qualifications and employment experience in the nominated occupation of Financial Investment Adviser.

The primary legal issues before the Tribunal were whether the applicant possessed the qualifications listed in the Australian and New Zealand Standard Classification of Occupations (ANZSCO) as necessary for the role of Financial Investment Adviser, and whether they had been employed in that occupation for at least three years on a full-time basis at the required skill level at the time of application. The Tribunal was required to interpret and apply the provisions of clause 187.234 of Schedule 2 to the Migration Regulations 1994, including relevant ministerial instruments specifying exempt persons, occupations, and assessing authorities.

The Tribunal found that the applicant did not fall within any of the specified classes of exempt persons, nor did their occupation meet the criteria for ministerial specification under clause 187.234(b). Consequently, the applicant was required to satisfy clause 187.234(c), which mandates having the necessary qualifications as per ANZSCO and at least three years of full-time employment at the appropriate skill level. The Tribunal noted that the ANZSCO description for Financial Investment Adviser indicates a skill level commensurate with a bachelor's degree or higher, with at least five years of relevant experience potentially substituting for formal qualifications. The Tribunal concluded that the applicant met the criteria under cl.187.234(c) regarding their qualifications and employment experience.

As a result of these findings, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that the applicant meets the criteria under cl.187.234 of Schedule 2 to the Regulations.