Landrum (Migration)

The Administrative Appeals Tribunal considered the case of Landrum, an applicant for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The central dispute concerned whether the applicant, a photographer, met the skills and qualifications criteria for the visa at the time of application on 25 January 2018.

The Tribunal was required to determine which of the three alternative pathways within clause 187.234 of Schedule 2 of the Migration Regulations 1994 the applicant satisfied. These pathways relate to being an exempt person, having a skills assessment by a specified authority for an occupation listed by the Minister, or possessing the qualifications listed in ANZSCO as necessary for the occupation. The Tribunal also had to consider specific requirements regarding the timing and validity of any skills assessment, particularly for applications made on or after 28 October 2013 and 1 July 2014.

The Tribunal found that the applicant did not satisfy the criteria under paragraph (a) or (b) of clause 187.234. However, it concluded that the applicant met the criteria under paragraph (c), which requires the applicant to have the qualifications listed in ANZSCO as necessary to perform the tasks of the occupation. The Tribunal noted that for this criterion, the applicant did not need formal qualifications but at least five years of relevant work experience.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 187.234 of Schedule 2 to the Regulations.