Yesildag (Migration)

This matter concerned an appeal by the applicant, Ms. Yesildag, against a decision by the Migration Review Tribunal. The central dispute revolved around whether Ms. Yesildag met the requirements of subclause 457.223(4)(da) of the Migration Regulations, which mandates that a visa applicant possess the necessary skills, qualifications, and employment background to perform the tasks of their nominated occupation. In this instance, the nominated occupation was ‘Early Childhood (Pre-primary School) Teacher’.

The Tribunal was required to determine if Ms. Yesildag’s existing skills, qualifications, and employment history were sufficient to satisfy the criteria for the nominated occupation, particularly in light of the apparent requirement for registration with the Victorian Institute of Teaching (VIT) for such a role. The applicant had completed a Certificate III and Diploma in early childhood education and care and had been employed for over five years in the field. She had not sought registration with the VIT.

The Tribunal reasoned that while the applicant possessed relevant qualifications and extensive practical experience, the issue of registration with the VIT was a significant factor. The Tribunal noted that the applicant had not attempted to register and that registration was a relatively new requirement for the occupation. Despite the applicant's passion for her work and her employer's strong endorsement, including their history of successfully sponsoring other individuals for the same occupation, the Tribunal concluded that the matter required further consideration.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a specific direction that the first named applicant, Ms. Yesildag, was found to meet the criteria under cl.457.223(4)(da) of Schedule 2 to the Regulations. This indicated that while the registration issue was a point of contention, the Tribunal found sufficient grounds to allow the application to proceed for further assessment of other visa criteria.