Rashed (Migration)

The Administrative Appeals Tribunal considered the applications of Mr Rashed and Mrs Sultana for Regional Employer Nomination (Permanent) (Class RN) visas, specifically Subclass 187, Direct Entry stream. The primary dispute concerned whether Mr Rashed met the eligibility requirements under clause 187.234 of Schedule 2 to the Migration Regulations 1994 at the time of his visa application. Mrs Sultana's application was contingent on the outcome of Mr Rashed's.

The Tribunal was required to determine if Mr Rashed satisfied the criteria outlined in clause 187.234, which specifies conditions for applicants in the Direct Entry stream. This involved assessing whether he qualified as an "exempt person" under paragraph (a), or alternatively, whether his skills had been assessed by a specified authority if he did not obtain his qualification in Australia, as per paragraph (b), or if he possessed the necessary qualifications listed in ANZSCO, as per paragraph (c). The Tribunal also had to consider specific requirements regarding the validity and recency of any skills assessment.

The Tribunal found that Mr Rashed did not meet the criteria for an exempt person under paragraph (a). However, it noted that Mr Rashed had provided a favourable skills assessment from Trades Recognition Australia and held the necessary qualification obtained in Australia at the time of his application. The Tribunal concluded that these factors indicated Mr Rashed likely met the requirements of clause 187.234, although the specific details of the assessment and qualification needed further consideration in light of the regulations.

Consequently, the Tribunal remitted the applications for reconsideration by the Department, with a direction that Mr Rashed met the criteria for a Subclass 187 visa under clause 187.234 of Schedule 2 to the Regulations. Mrs Sultana's application would be determined based on this remittal.