Pretorius (Migration)

This matter concerned an application for Regional Employer Nomination (Permanent) (Class RN) visas, Subclass 187, Direct Entry stream, for a Residential Care Worker. The primary applicant and their spouse sought review of a decision not to grant these visas. The core of the dispute revolved around whether the primary applicant met the skills and qualifications criteria stipulated in clause 187.234 of the relevant regulations at the time the visa application was lodged.

The Tribunal was required to determine if the primary applicant satisfied one of the three alternative pathways outlined in clause 187.234 for the Direct Entry stream. Specifically, the Tribunal had to assess whether the applicant met the requirements concerning being an exempt person, having a suitable skills assessment by a specified authority for the nominated occupation (with specific conditions regarding the assessment's currency and purpose), or possessing the qualifications listed in ANZSCO as necessary for the occupation. The application was lodged on 9 November 2016, and the criteria had to be satisfied as at that date.

The Tribunal found that the primary applicant had not met the requirements for the Subclass 187 visa in the Direct Entry stream. The decision notes that for applications made on or after 18 March 2018, additional requirements regarding full-time employment in the occupation for at least three years would apply, though this was not directly relevant to the 2016 application date. Crucially, the Tribunal concluded that the primary applicant failed to satisfy the criteria under clause 187.234, and therefore, the decision not to grant the visas was affirmed for all applicants in the family unit.