Reid (Migration)

This matter concerned an appeal by the applicant, Reid, against a decision regarding a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream. The applicant sought to be recognised as a bricklayer. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the visa, specifically concerning their qualifications, skills, and experience, and whether they fell within any specified class of exempt persons.

The Tribunal considered clause 187.234 of the Migration Regulations 1994, which outlines the requirements for the Direct Entry stream. This clause requires that at the time of application, an applicant either be an exempt person, or if their occupation is specified and they did not obtain their qualification in Australia, have had their skills assessed by a specified authority. Alternatively, if neither of these applies, the applicant must possess the qualifications listed in ANZSCO as necessary for the occupation. The Tribunal also noted specific requirements regarding the timing and validity of skills assessments and employment experience for applications made after certain dates.

The Tribunal found that the applicant was not an exempt person and that the evidence did not conclusively demonstrate that the applicant had the necessary qualifications as listed in ANZSCO. Crucially, for applications made on or after 18 March 2018, applicants not exempt from the skills criteria must also have been employed in the occupation full-time for at least three years at the required skill level. As this criterion was not clearly met or addressed, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for Regional Employer Nomination (Permanent) (Class RN) visas for reconsideration in respect of all applicants, with a direction that the first named applicant meets the criteria under cl.187.234 of Schedule 2 to the Regulations.