Wijesinghege (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mr Wijesinghege concerning his application for a Regional Employer Nomination (Permanent) (Class RN) visa, specifically under the Subclass 187 (Regional Sponsored Migration Scheme) in the Direct Entry stream. The applicant sought review of a decision that affirmed the refusal of his visa application, which was based on his nominated position as an Office Manager.

The primary legal issue before the Tribunal was whether the applicant's nominated occupation of Office Manager met the requirements of the relevant visa subclass and associated legislative instruments. This involved determining if the applicant possessed the necessary skills and experience for the role as defined by the occupation code and if the employer's nomination was valid in light of the applicant's qualifications and the nature of the employment offered.

The Tribunal's reasoning focused on the assessment of the applicant's qualifications and employment history against the criteria for the Office Manager occupation. It was found that the applicant's experience did not sufficiently align with the core duties and responsibilities typically associated with an Office Manager as defined by the relevant standards. Consequently, the Tribunal concluded that the applicant had not demonstrated that he met the essential requirements for the visa subclass, leading to the affirmation of the original refusal decision.