Smit (Migration)

This matter concerned an application for an Employer Nomination (Permanent) (Class EN) visa, specifically under the Labour Agreement stream for the occupation of Minister of Religion. The applicant sought review of a delegate's decision that found they did not meet the minimum qualifications and experience requirements for the nominated position. The second applicant, who applied as a member of the first applicant's family unit, had her application's determination contingent on the outcome of the first applicant's application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of the relevant Labour Agreement, which stipulated that Ministers of Religion must be ordained or have taken a profession to religious life, and either possess qualifications equivalent to an Australian Qualification Framework bachelor degree or have completed at least five years of relevant structured training or instruction. The delegate had been satisfied that the applicant was ordained but was not satisfied that the applicant met the educational or structured training requirements.

The Tribunal considered the applicant's submission, which detailed extensive formal religious training undertaken in South Africa and the United States between 1985 and 2011. The applicant argued that this training, combined with full-time study, was equivalent to at least five years of relevant structured training or instruction. The Tribunal noted that the ANZSCO description for Minister of Religion acknowledges that high levels of personal commitment and interest can be considered in place of formal qualifications or experience. Given the detailed submissions and accompanying documents provided by the applicant, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration, with a direction that the first named applicant meets the criteria under clause 186.243 of Schedule 2 to the Regulations. The second applicant's application would be determined by reference to the outcome of the first applicant's application upon remittal.