Karmjit Kaur (Migration)

The Administrative Appeals Tribunal considered an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, made by Karmjit Kaur. The dispute centred on whether the primary applicant satisfied the criteria for the visa grant, specifically concerning her qualifications as a Nurseryperson.

The Tribunal was required to determine whether the primary applicant met the requirements of clause 187.234 of Schedule 2 to the Migration Regulations 1994. This clause outlines three alternative pathways for applicants in the Direct Entry stream: being an exempt person, having a skills assessment by a specified authority for an occupation listed by the Minister (subject to certain conditions regarding the assessment's validity and type), or possessing the qualifications listed in ANZSCO as necessary for the occupation. The Tribunal also had to consider the specific dates of the applicant's previous visa and the lodgement of the current application in relation to the relevant legislative provisions.

The Tribunal found that the primary applicant met the criteria under clause 187.234. The decision notes that the applicant's occupation was specified, she did not obtain her necessary qualification in Australia, and her skills had been assessed as suitable by the relevant authority. The assessment was not for a Subclass 485 visa, and the validity period of the assessment had not expired. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister to consider the remaining criteria for the visas in respect of all applicants, including the spouse and son included in the combined application.