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Recent Favourable Migration Review Tribunal Decision



REGIONAL EMPLOYER NOMINATION (PERMANENT) (CLASS RN) – SUBCLASS 187 – CL.187.234 OF SCHEDULE 2Immigration News

REGIONAL EMPLOYER NOMINATION (PERMANENT) (CLASS RN) – SUBCLASS 187 – CL.187.234 OF SCHEDULE 2

REGIONAL EMPLOYER NOMINATION (PERMANENT) (CLASS RN) - SUBCLASS 187 - CL.187.234 OF SCHEDULE 2 - SKILLS ASSESSMENT - The delegate refused to grant the visa because the applicant did not meet cl.187.234 of Schedule 2 to the Regulations, a criterion which related broadly to the demonstrated qualifications and skills of the applicant. The delegate found that the applicant was required to, but had not obtained positive skills assessment from the relevant skills assessing authority as per cl.187.234(b) prior to making the application, and refused the visa on that basis. The applicant’s representative made written submissions to the tribunal arguing that the delegate imposed the incorrect skills requirement on the applicant.

Held: Decision under review remitted.

The tribunal found that the occupation of Sales and Marketing Manager ANZSCO 131112 was not (and had never been) an occupation specified for the purposes of the provision. For this reason the tribunal found that cl.187.234(b) did not apply and the relevant provision was cl.187.234(c). Having considered the evidence, in particular the extensive documentation which indicated that the applicant had over 10 years employment experience in sales, marketing and management roles prior to making this application, the tribunal accepted that the applicant had at least five years of relevant experience at the time the visa application was lodged. The tribunal accepted that the applicant had the qualifications mentioned in ANZSCO for the nominated occupation at the time of application, and that the applicant met cl.187.234(c) on that basis. The tribunal was therefore satisfied that the applicant met the requirements of cl.187.234 and remitted the visa application to the department to consider the remaining criteria for the visa.

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