MC GLUE (Migration)

The Administrative Appeals Tribunal considered the case of MC GLUE, concerning an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought this visa for the occupation of Carpenter.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 187.234 of Schedule 2 to the Migration Regulations, which outlines the criteria for applicants in the Direct Entry stream. Specifically, the Tribunal had to determine if the applicant qualified as an "exempt person" under clause 187.234(a), or if their skills had been assessed as suitable for the occupation by a specified assessing authority under clause 187.234(b), or if they possessed the necessary qualifications listed in ANZSCO under clause 187.234(c).

The Tribunal reasoned that the applicant did not meet the criteria for an exempt person under clause 187.234(a) as they were not earning the top ATO individual annual income of at least $180,001 per annum, nor were they an eligible New Zealand citizen or a New Zealand family member. Furthermore, the Tribunal found no evidence that the applicant had obtained the required skills assessment from a specified assessing authority as mandated by clause 187.234(b).

Consequently, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 187.234 of Schedule 2 to the Regulations, implying that other criteria for the visa would be assessed.