Mohammed Khaled Mirza (Migration)

The Administrative Appeals Tribunal considered the case of Mohammed Khaled Mirza concerning his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, Direct Entry stream. The applicant sought to be recognised as a Security Consultant, but the Tribunal was required to determine whether his submitted qualifications and experience met the relevant legislative criteria for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant possessed the requisite skills and qualifications for the nominated occupation of Security Consultant under the Direct Entry stream of the Subclass 187 visa. Specifically, the Tribunal had to assess if the applicant met the requirements of clause 187.234 of the Migration Regulations 1994, which outlines the conditions for applicants in this stream, including whether they fall into a specified class of exempt persons or possess the qualifications listed in ANZSCO for the nominated occupation.

The Tribunal reasoned that the applicant did not qualify as an exempt person under the regulations, nor was the nominated occupation of Security Consultant specified in the relevant instrument for the purpose of clause 187.234(b). Consequently, the applicant was required to meet the criteria in clause 187.234(c), which mandates having the qualifications listed in ANZSCO as necessary for the occupation. The Tribunal found that while ANZSCO indicated a Skill Level 3 for Security Consultant, requiring an AQF Certificate III with at least two years of on-the-job training, or an AQF Certificate IV, with relevant experience potentially substituting for formal qualifications, the applicant's qualifications, an Advanced Diploma of Business and a Certificate III in Security Operations, were not sufficiently aligned with the business acumen expected of a Security Consultant. Instead, his experience and skills were deemed more aligned with those of a security guard.

Accordingly, the Tribunal affirmed the decision not to grant the applicant the Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, as the requirements for the Direct Entry stream had not been met.