Lu (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms Lu for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The nominated occupation was land and property valuer. The core of the dispute concerned whether Ms Lu possessed the necessary qualifications or skills to perform the nominated occupation, as required by the relevant migration regulations.

The Tribunal was tasked with determining whether Ms Lu's qualifications and experience met the criteria for the nominated occupation. Specifically, the AAT had to assess if her units of study corresponded to occupations within the ANZSCO unit group for land and property valuers, and if her work experience, particularly in light of its duration and nature (including part-time work), was sufficient to substitute for a formal qualification or otherwise meet the skill level requirements. The Tribunal also had to consider the relevance of any qualifications or experience obtained after the visa application was lodged.

In its reasoning, the Tribunal found that Ms Lu's qualifications did not align with the ANZSCO unit group for land and property valuers. While acknowledging her three years of full-time work experience in the nominated occupation at the required skill level, the Tribunal determined that her part-time work, which constituted the majority of her employment, was not primarily in the nominated occupation. Furthermore, the Tribunal held that qualifications and experience acquired after the application date were not relevant to the assessment. The Tribunal also noted that a request for referral for ministerial intervention had not been granted.

Consequently, the Tribunal affirmed the decision under review, meaning Ms Lu's application for the visa was not successful based on the Tribunal's findings regarding her qualifications and experience.