Zhang (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding an Employer Nomination (Permanent) (Class EN) visa, specifically a Subclass 186 (Employer Nomination Scheme) visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 186.234(2)(a) of Schedule 2 to the Migration Regulations 1994, which pertains to the skills assessment for applicants in the Direct Entry stream. This clause requires that at the time of application, the applicant's skills have been assessed as suitable for the nominated occupation by a specified assessing authority, subject to certain conditions regarding the date and validity of the assessment, and that the assessment is not for a Subclass 485 visa.

The Tribunal found that the applicant had provided a successful skills assessment for the occupation of Geophysicist (ANZSCO 234412) issued by VETASSESS, dated 29 October 2015. The Tribunal was satisfied that this assessment was conducted by a specified assessing authority, was not for a Subclass 485 visa, and met the temporal requirements concerning the date of application and the assessment's validity period. Consequently, the Tribunal determined that the applicant met the criterion under clause 186.234(2)(a).

The Tribunal remitted the applications for Employer Nomination (Permanent) (Class EN) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria specified in clause 186.234(2)(a) of Schedule 2 to the Regulations. The Tribunal considered a hearing to be unnecessary, as it could reach its decision based on the material before it.