Sangeeleemootoo (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187, under the Direct Entry stream. The applicant sought to have the decision affirmed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the criteria set out in cl.187.234 of Schedule 2 of the Migration Regulations 1994 at the time of their visa application. This clause outlines the requirements for skills and qualifications for applicants in the Direct Entry stream, including alternatives relating to being an exempt person, having a skills assessment by a specified authority, or possessing the qualifications listed in ANZSCO.

The Tribunal considered the applicant's circumstances, noting that the visa application was lodged on 12 April 2017. The applicant sought to satisfy the criteria under the Direct Entry stream. However, the Tribunal found that the applicant had not met the requirements stipulated in cl.187.234. Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.