He (Migration)

This matter concerned an appeal by an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), direct entry nomination stream. The applicant sought review of a delegate's decision to refuse the visa application. The court was tasked with determining whether the applicant met the relevant criteria for the visa.

The primary legal issue before the court was whether the applicant had satisfied clause 187.234 of Schedule 2 to the Migration Regulations 1994, which pertains to the qualification and skills requirements for the Subclass 187 visa. Specifically, the court had to consider whether the applicant had provided sufficient evidence of Australian qualifications or, alternatively, had undergone a suitable skills assessment by the designated authority if qualifications were not obtained in Australia.

The court found that the applicant had not provided evidence of obtaining the necessary qualification in Australia, nor had she provided evidence of a skills assessment by the Trades Recognition Australia (TRA) as required by clause 187.234(b). While the applicant later provided a Certificate IV in Commercial Cookery issued by the Victorian College of Vocational Excellence to the Tribunal, this was submitted after the visa application was lodged and after a request for further information by the Department. The applicant stated she had provided all documents to her former migration agent and was unaware of what he had submitted. The court noted that the certificate was issued prior to the visa application date. The court also disregarded certain allegations made to the Department as irrelevant to the issues under review.

Ultimately, the Tribunal remitted the application for reconsideration. The direction was that the first named applicant met the criterion under clause 187.234 of Schedule 2 to the Migration Regulations 1994.