Georgiadis (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), Temporary Residence Transition Stream. The primary applicant, Mr Michail Georgiadis, sought the visa to work as a diesel motor mechanic. The delegate's refusal was based on the view that the nominated position required mandatory licensing or registration in the Northern Territory, which Mr Georgiadis allegedly did not possess at the time of his application.

The Administrative Appeals Tribunal was required to determine whether the nominated position of diesel motor mechanic necessitated mandatory licensing, registration, or professional body membership in the Northern Territory at the time of the visa application, as stipulated by clause 187.211 of Schedule 2 to the Migration Regulations 1994. This clause mandates that if such a requirement exists for the nominated occupation in the relevant jurisdiction, the applicant must hold or be eligible to hold the necessary licence, registration, or membership.

The Tribunal found that the delegate's assessment regarding the mandatory licensing requirement for a diesel motor mechanic in the Northern Territory was a misconception. The Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal heard evidence from Mr Georgiadis' employer, Mr John Halkitis, who was able to provide sworn testimony. Although Mr Georgiadis was present and prepared to give evidence, he was not called upon to do so.