Ong (Migration)

The Administrative Appeals Tribunal considered an appeal by an applicant seeking an Employer Nomination (Permanent) (Class EN) visa, Subclass 186, under the Direct Entry stream. The applicant had been nominated by Palms Aged Care for the position of Registered Nurse (Aged Care). The core of the dispute revolved around whether the applicant met the mandatory skills assessment requirement at the time of her visa application.

The Tribunal was required to determine if the applicant satisfied the requirements of clause 186.234 of the Migration Regulations. Specifically, the Tribunal had to ascertain whether the applicant was an exempt person as defined by relevant legislative instruments, or alternatively, whether her skills had been assessed as suitable by the specified assessing authority at the time of her application, and if she met certain prior employment criteria.

The Tribunal reasoned that the applicant did not fall within any of the classes of exempt persons specified in the relevant legislative instruments, considering both the instrument in force at the time of application and a later instrument. Consequently, the applicant was required to demonstrate a valid skills assessment from the relevant assessing authority. The applicant had provided a Certificate of Registration from the Nursing and Midwifery Board of Australia, but the Tribunal found this was not an assessment from the designated assessing authority for the purpose of the visa subclass. As the applicant failed to meet this essential criterion, the Tribunal concluded that she did not satisfy clause 186.234.

Accordingly, the Tribunal affirmed the decision not to grant the applicant the Subclass 186 visa.