Lago (Migration)

The Administrative Appeals Tribunal considered the case of Mr Lago concerning a Regional Employer Nomination (Permanent) (Class RN) visa, specifically the Subclass 187 (Regional Sponsored Migration Scheme) visa under the direct entry stream. The dispute centred on whether the primary applicant met the requirements for this visa subclass, particularly concerning his employment and qualifications as an office manager.

The Tribunal was required to determine if the primary applicant satisfied clause 187.234 of the Migration Regulations 1994. This involved assessing whether the applicant was an exempt person, had obtained a suitable skills assessment from a specified authority, or possessed the qualifications listed in ANZSCO as necessary for the nominated occupation. For applications made on or after 18 March 2018, the Tribunal also needed to consider the requirement of at least three years of full-time employment in the nominated occupation at the required skill level.

The Tribunal found that the applicant was not an exempt person and had obtained his necessary qualifications in Australia. It then examined ANZSCO for the occupation of Office Manager (ANZSCO code 512111), which indicates a skill level commensurate with an AQF Associate Degree, Advanced Diploma, or Diploma, or at least three years of relevant experience. The applicant provided evidence of a Diploma of Business and a Diploma of Leadership and Management, which the Tribunal was satisfied met the ANZSCO requirements. Consequently, the Tribunal concluded that the primary applicant met the criteria under cl 187.234.

As a result of this finding, the Tribunal remitted the primary applicant's visa application for reconsideration. The Tribunal also recommended that the secondary applicants' applications, which had been refused on the basis that they were not members of the family unit of a primary applicant who held the visa, be reconsidered in light of the primary applicant's application being remitted.