Liu (Migration)

This matter concerned an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry Stream, for the occupation of Agricultural Technician. The applicant sought to satisfy the criteria for this visa stream, and no claims were made in respect of other visa streams. The Tribunal was required to determine whether the applicant met the requirements of clause 187.234 of the Migration Regulations 1994 at the time of application.

The Tribunal considered the requirements of clause 187.234, which for the Direct Entry stream, necessitates that the applicant either be an exempt person, have a suitable skills assessment for a specified occupation, or possess the qualifications listed in ANZSCO as necessary to perform the tasks of the occupation. The Tribunal found that neither the exempt person criterion nor the skills assessment criterion were applicable. Therefore, the focus of the Tribunal's consideration was whether the applicant met the ANZSCO qualification requirement.

The Tribunal noted that for an Agricultural Technician (ANZSCO 3111-11), the required qualification is an AQF Associate Degree, Advanced Diploma, or Diploma, with at least three years of relevant experience potentially substituting for formal qualifications. The Tribunal's assessment was guided by the generic and specific tasks outlined in ANZSCO for this occupation. However, the applicant's education qualifications were not related to the nominated position, and their relevant work experience was limited. Consequently, the Tribunal concluded that the applicant had not met the necessary criteria for the visa in the Direct Entry stream.

The Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa.