Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr Singh, who sought a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 Regional Sponsored Migration Scheme, Direct Entry stream, for the occupation of Cook. The dispute centred on whether Mr Singh possessed the requisite qualifications and experience to meet the criteria for this visa subclass.

The primary legal issue before the Tribunal was to determine if Mr Singh satisfied the requirements of clause 187.234(a) and (b) of the Migration Regulations 1994 for the Direct Entry stream. This involved assessing whether he was an exempt person, whether his skills had been assessed as suitable by a specified authority for an occupation listed by the Minister, or whether he possessed the qualifications listed in ANZSCO as necessary for the occupation of Cook. The Tribunal also considered whether Mr Singh met the additional employment requirements for visa applications made on or after 18 March 2018.

The Tribunal reasoned that Mr Singh did not meet the criteria for an exempt person under the relevant instruments, as his earnings were below the top individual income tax rate and he did not hold a Subclass 444 or 461 visa. Furthermore, while the occupation of Cook was specified by the Minister, Mr Singh had not provided evidence of a suitable skills assessment or the necessary AQF Certificate III or IV qualification. His claimed experience of one year as a cook and six months on a volunteer basis was insufficient to meet the requirements, particularly for applications made after 18 March 2018 which mandate at least three years of full-time employment in the occupation.

Consequently, as Mr Singh failed to satisfy the essential requirements for the Subclass 187 visa in the Direct Entry stream, the Tribunal affirmed the decision not to grant the visa.