Matusiewicz (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms Matusiewicz for a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), under the direct entry stream. The applicant sought review of a delegate's decision to refuse her visa application, which was based on her occupation as a hairdresser. The core of the dispute concerned whether the skills and qualifications presented by Ms Matusiewicz met the requirements for the visa, particularly in light of departmental policy regarding the recognition of prior learning.

The Tribunal was required to determine whether the delegate had erred in refusing the visa application. Specifically, the AAT needed to assess if the applicant's certificates, obtained through recognition of prior learning, were valid for the purposes of the visa criteria. This involved examining whether the departmental policy applied by the delegate, which excluded such qualifications, was consistent with the legislative requirements and the current departmental manual. The Tribunal also had to consider the requirement for at least three years of full-time employment in the nominated occupation.

The Tribunal found that the departmental policy relied upon by the delegate, which did not recognise certificates obtained by recognition of prior learning, went beyond the requirements stipulated in the legislation. Furthermore, the Tribunal noted that this restrictive policy was not present in the current version of the departmental manual. Consequently, the Tribunal concluded that the delegate had erred in applying an incorrect policy. The Tribunal remitted the decision to the delegate for reconsideration, with directions to assess the applicant's qualifications and employment against the correct legislative criteria and the current departmental manual.