Thompson (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa, Direct Entry stream, made by the applicant, Thompson. The dispute concerned whether the applicant met the licensing or registration requirements for the visa at the time of application, given that a required licence was not yet held but the applicant was eligible for it and it was subsequently issued.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of clause 187.211 of Schedule 2 to the Migration Regulations 1994, specifically concerning the holding of a licence, registration, or membership of a particular professional body at the time of application. The Tribunal also had to consider the impact of the licence being issued after the application date, despite the applicant's eligibility at the time of application.

The Tribunal reasoned that while the licence was not held at the precise moment of application, the applicant had demonstrated eligibility and the delay in the licencing process was beyond their control. Given that the licence was subsequently issued, the Tribunal concluded that the applicant effectively met the criteria. Consequently, the Tribunal remitted the applications for reconsideration with a direction that the first named applicant meets the relevant criteria.