Wang (Migration)

This matter concerned an appeal by Ms Wang against a decision regarding her application for a Regional Employer Nomination (Permanent) (Class RN) visa, Subclass 187. The primary issues before the Tribunal were whether Ms Wang possessed competent English language skills and whether she met the skills and qualifications requirements for the position of Marketing Specialist at the time of her visa application.

The Tribunal was required to determine if Ms Wang satisfied the criteria for competent English as defined by regulation 1.15C and specified in legislative instrument IMMI15/005, which requires a minimum score in each band of an IELTS test taken within three years of the application. Additionally, the Tribunal had to assess whether Ms Wang met the skills and qualifications requirement under clause 187.234 of Schedule 2 of the Regulations, which, for occupations not specified in IMMI12/096 and where the applicant is not an exempt person, requires the applicant to possess the qualifications listed in ANZSCO as necessary for the occupation, or alternatively, have at least five years of relevant experience where formal qualifications are not mandatory.

In its reasoning, the Tribunal found that Ms Wang had provided an IELTS test dated 19 January 2013, which met the required scores and was within the three-year period preceding her visa application, thus satisfying the competent English requirement. Regarding the skills and qualifications, the Tribunal considered Ms Wang's employment history. It noted that ANZSCO for Marketing Specialist indicated that at least five years of relevant experience may substitute for a formal qualification. The Tribunal was satisfied, based on verification of her employment with Yantai Baocheng Investment Co. Ltd and Tangchen Holdings Pty Ltd, that Ms Wang had accumulated more than five years of relevant experience.

Consequently, the Tribunal remitted the visa applications for Ms Wang and any secondary applicants for reconsideration by the Minister, with a direction that Ms Wang met the criteria for competent English under clause 187.232 and the skills and qualifications requirement under clause 187.234 of Schedule 2 to the Regulations.