Parry Bulman (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) Direct Entry stream. The primary applicant sought to satisfy the visa criteria by demonstrating at least three years of relevant experience as a substitute for formal qualifications. The decision under review was made by the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether the primary applicant met the requirements of clause 187.234 of Schedule 2 to the Migration Regulations 1994 at the time of the visa application. This clause outlines three alternative pathways for applicants in the Direct Entry stream concerning their skills and qualifications: being an exempt person, having their skills assessed by a specified authority if their occupation is specified and they did not obtain qualifications in Australia, or possessing the qualifications listed in ANZSCO as necessary for the occupation if neither of the preceding alternatives applies. The Tribunal also considered specific requirements relating to the timing and validity of skills assessments for applications lodged on or after certain dates.

The Tribunal found that the primary applicant had been employed as a Team Leader at Halfway House Pub from 1 April 2011 to 15 October 2015, a period exceeding three years. While the specific findings regarding which of the three alternatives under cl.187.234 were met are not fully detailed in the provided text, the Tribunal concluded that the matter should be remitted for reconsideration in respect of all applicants. This remittal was directed to allow the Minister to consider the remaining criteria for the visa for both the primary applicant and the second applicant, who was claimed as a de facto partner and member of the same family unit.