1504773 (Migration)

This matter concerned an application for a Subclass 457 visa, where the applicant was nominated for the occupation of driller. The delegate of the Minister refused the application on the basis that the applicant had not provided sufficient information to demonstrate the necessary skills, qualifications, and employment background for the nominated occupation. The applicant appealed this decision to the Tribunal.

The Tribunal was required to determine whether the applicant met the requirements of clauses 457.223(4)(a) and 457.223(4)(da) of the Regulations. Clause 457.223(4)(a) pertains to the existence of an approved nomination by a standard business sponsor, while clause 457.223(4)(da) concerns the applicant possessing the requisite skills, qualifications, and employment background for the nominated occupation.

In its reasoning, the Tribunal found that the nomination for the driller position had been approved by the Department in September 2016, satisfying clause 457.223(4)(a). Regarding clause 457.223(4)(da), the Tribunal considered evidence presented by the applicant, including a translated letter from a previous employer in Lebanon and his testimony of on-the-job training and experience. The Tribunal noted that while the applicant lacked formal qualifications, the ANZSCO guide for drillers indicated that at least one year of relevant experience could substitute for formal qualifications. The Tribunal concluded that the applicant had provided sufficient evidence to meet the requirements of clause 457.223(4)(da).

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clauses 457.223(4)(a) and 457.223(4)(da).