Nand (Migration)

The Administrative Appeals Tribunal considered the case of Mr Nand, who sought an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Direct Entry stream. The primary dispute concerned whether Mr Nand met the skills assessment and prior employment requirements stipulated by clause 186.234 of the Migration Regulations.

The Tribunal was required to determine if Mr Nand satisfied clause 186.234, which for applicants in the Direct Entry stream, necessitates either being an exempt person or having a skills assessment from a specified authority, along with meeting certain employment criteria. Specifically, the Tribunal had to ascertain if Mr Nand had provided evidence of a suitable skills assessment for his nominated occupation of 'Electrician (General)' from the relevant assessing authority, Trades Recognition Australia, and if he fell within any specified class of exempt persons.

The Tribunal reasoned that clause 186.234 requires either an exemption or a suitable skills assessment. The evidence before the Tribunal indicated that Mr Nand had not obtained a skills assessment from Trades Recognition Australia for his nominated occupation, nor had he provided any evidence suggesting he was an exempt person. Furthermore, Mr Nand himself declared in his visa application that he had not applied for a skills assessment. Despite opportunities to provide this crucial documentation to both the Department and the Tribunal, he failed to do so. Consequently, the Tribunal concluded that Mr Nand did not satisfy either subclause (2) or (3) of clause 186.234, and therefore did not meet the requirements of the clause in its entirety.

As Mr Nand failed to meet the primary criteria for the Subclass 186 visa in the Direct Entry stream, the secondary applicants, who applied as his family unit members, could not satisfy the requirements of clause 186.311(a). Accordingly, the Tribunal affirmed the decision not to grant the Employer Nomination (Permanent) (Class EN) visas to the applicants.