Sazali (Migration)

[2020] AATA 5338

Sazali (Migration) [2020] AATA 5338 (12 October 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Ms Nadiah Binte Sazali

CASE NUMBER:  1806929

HOME AFFAIRS REFERENCE(S):          BCC2017/35338

MEMBER:Marten Kennedy

DATE:12 October 2020

PLACE OF DECISION:  Adelaide

DECISION:The Tribunal remits the application for a Regional Employer Nomination (Permanent) (Class RN) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 187 (Regional Sponsored Migration Scheme) visa:

·cl.187.234 of Schedule 2 to the Regulations.

Statement made on 12 October 2020 at 11:39am

CATCHWORDS

MIGRATION – Regional Employer Nomination (Permanent) (Class RN) visa – Subclass 187 Regional Sponsored Migration Scheme – Direct Entry stream – position of Procurement Manager – evidence of relevant tertiary qualifications – academic transcript provided upon review – qualifications to perform the tasks of the occupation – role of a procurement manager – decision under review remitted          

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, cl 187.234

STATEMENT OF DECISION AND REASONS

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs to refuse to grant the applicant a Regional Employer Nomination (Permanent) (Class RN) visa under s.65 of the Migration Act 1958 (the Act).

2. The applicant applied for the visa on 4 January 2017. At the time of application, Class RN contained one subclass: Subclass 187 (Regional Sponsored Migration Scheme).

3. The criteria for a Subclass 187 visa are set out in Part 187 of Schedule 2 to the Migration Regulations 1994 (the Regulations). The primary criteria must be satisfied by at least one applicant. Other members of the family unit, if any, who are applicants for the visa need satisfy only the secondary criteria. Applicants seeking to satisfy the primary criteria must meet the 'Common criteria', as well as the criteria of one of two alternative visa streams: the Temporary Residence Transition stream, or the Direct Entry stream.

4. In the present case, the applicant is seeking the visa in Direct Entry stream, to work in the nominated position of Procurement Manager (ANZSCO 133612).

5. The delegate refused to grant the visa after determining that the applicant did not meet cl.187.234 of Schedule 2 to the regulations (pertaining to qualifications) in the absence of supporting evidence to demonstrate that she held relevant tertiary qualifications. In this regard, the time frame provided by the delegate to the applicant to produce this evidence had lapsed, although it may be that there was a degree of misunderstanding because an extension of time had been granted to the applicant to produce other relevant documentary evidence.

6. In any event, when the applicant lodged her application for review in the Tribunal, she provided certified copies of parchments from Edith Cowan University for a Master of Banking and Finance, and a Bachelor of Business Majoring in Accounting and Management. Accompanying academic transcript demonstrates that the requirements for the degrees were completed on 17 December 2013 and 6 December 2016 respectively.

7. In light of this documentary evidence, the Tribunal was able to complete the review favourably to the applicant without the need for a hearing.

   Skills and qualifications

8. The applicant is neither a person in a class of persons specified by the Minister for the purposes of cl.187.234, nor a person who obtained her qualifications outside Australia.  In this way, the applicant is to satisfy the requirements of cl.187.234 by satisfying the alternative at cl.187.234(c).  This requires (relevantly to the circumstances of this case) that at the time of application the applicant had the qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation.

9. ANZSCO provides that a procurement manager is a Skill Level 1 occupation, requiring a level of skill commensurate with a bachelor degree or higher qualification.  The tasks of the occupation require:

   ·determining, implementing and monitoring purchasing, storage and distribution strategies, policies and plans

   ·preparing and implementing plans to maintain required stock levels at minimum cost

   ·negotiating contracts with suppliers to meet quality, cost and delivery requirements

   ·monitoring and reviewing storage and inventory systems to meet supply requirements and control stock levels

   ·operating recording systems to track all movements of supplies and finished goods, and ensuring re-ordering and re-stocking at optimal times

   ·liaising with other departments and customers concerning requirements for outward goods and associated forwarding transportation

   ·overseeing the recording of purchase, storage and distribution transactions

   ·directing staff activities and monitoring their performance

10. More specifically as to the role of a procurement manager, ANZSCO describes the functions of:

    ·Plans, organises, directs, controls and coordinates the procurement and purchasing of materials, products and services for an organisation.

11. I have examined the academic qualifications of the applicant and noted their commercial nature generally.  I have reviewed the particular units completed that comprise the applicant’s qualifications and consider by their description they are highly relevant to the tasks of a procurement manager.  In particular, I mention that the applicant has completed units in financial analysis and modelling, risk management, business finance and quantitative skills for business. These units appear from their description to be particularly apt to the tasks to be performed by a Procurement Manager. I note that the Masters qualification obtained by the applicant exceeds the requirements of ANZSCO.

12. I am therefore satisfied to find that the applicant had the qualifications listed in ANZSCO as being necessary to perform the tasks of the occupation, and she held those qualifications at the time of the visa application. Therefore, cl.187.234 is met.

13. I will therefore remit the matter to the Department on that basis.

    DECISION

    The Tribunal remits the application for a Regional Employer Nomination (Permanent) (Class RN) visa for reconsideration, with the direction that the applicant meets the following criteria for a Subclass 187 (Regional Sponsored Migration Scheme) visa:

    ·cl.187.234 of Schedule 2 to the Regulations.

    Marten Kennedy
    Member