Pritchard (Migration)

The Administrative Appeals Tribunal considered an application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream, for an Accountant (General). The applicant sought review of a decision concerning their eligibility for this visa.

The central legal issue before the Tribunal was whether the applicant met the criteria under clause 187.234 of the Migration Regulations 1994 for the grant of the Subclass 187 visa at the time of their application on 26 January 2017. Specifically, the Tribunal had to determine if the applicant possessed the requisite skills and qualifications, considering the requirements for the Direct Entry stream, which included potential alternatives for formal qualifications and relevant experience.

The Tribunal reasoned that for applicants in the Direct Entry stream, clause 187.234 outlines three alternative pathways to satisfy the skills and qualification requirements. These include being an exempt person, having a skills assessment by a specified authority for an occupation listed by the Minister, or, if neither of the preceding alternatives applies, possessing the qualifications listed in ANZSCO as necessary for the occupation. The Tribunal found that the applicant's Advanced Diploma of Accounting, coupled with at least five years of relevant experience, was sufficient to substitute for a formal qualification under the relevant provisions.

Consequently, the Tribunal remitted the visa application for reconsideration, directing that the applicant met the criteria under clause 187.234 of Schedule 2 to the Regulations.