Seranno (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa under the Direct Entry stream, lodged by the primary applicant and their spouse. The dispute centred on whether the primary applicant met the criteria for the visa, specifically concerning their qualifications and work experience as a Retail Manager.

The legal issue before the Tribunal was to determine if the primary applicant satisfied the requirements of clause 187.234 of Schedule 2 to the Migration Regulations 1994. This clause outlines three alternative pathways for applicants in the Direct Entry stream, relating to being an exempt person, having a skills assessment for a specified occupation, or possessing the qualifications listed in ANZSCO for the occupation. The Tribunal also had to consider the specific requirements for skills assessments and employment experience applicable to visa applications lodged on or after certain dates.

The Tribunal found that the primary applicant's qualifications, a Bachelor of Psychology and a Diploma of Consumer Psychology, along with their experience in dealing with customer complaints and managing personnel, were relevant to the occupation of Retail Manager. However, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister. This was because the Tribunal determined that the primary applicant met the criteria under clause 187.234, but the remaining criteria for the visa, including those for the secondary applicant as a member of the same family unit, still needed to be assessed.