Rai (Migration)

The applicant, Mr Rai, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of his application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187 (Regional Sponsored Migration Scheme), Direct Entry stream. The AAT's decision was based on the applicant's failure to satisfy a Schedule 2 criterion of the Migration Regulations 1994, specifically relating to the applicant's nominated occupation.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether the AAT had erred in law by failing to properly consider the applicant's submissions regarding the nominated occupation and its alignment with the Australian and New Zealand Standard Classification of Occupations (ANZSCO). The applicant contended that the AAT had misinterpreted or misapplied the relevant ANZSCO descriptors and had not adequately addressed the evidence presented to support his claim that his nominated occupation met the requirements.

Justice Lee found that the AAT had indeed made an error of law. The Tribunal had focused narrowly on a single aspect of the ANZSCO description without giving sufficient weight to other relevant descriptors and the overall context of the applicant's employment experience. The Court reiterated the principle that when assessing an occupation against ANZSCO, a holistic approach is required, considering all relevant duties and responsibilities, not just a select few. The AAT's failure to engage with the applicant's detailed submissions on this point amounted to an error in its assessment of the evidence.

The Court set aside the AAT's decision and remitted the matter to the AAT for redetermination according to law.