1508156 (Migration)

The Administrative Appeals Tribunal considered whether a primary visa applicant met the requirements of clauses 457.223(4)(da) and 457.223(4)(e) of Schedule 2 to the Regulations for a Subclass 457 visa, with the nominated occupation being Youth Worker. At the time of the Department's decision, the applicant lacked the necessary qualifications and work experience. However, the applicant subsequently provided a Diploma of Community Services, awarded after the Department's decision, which the Tribunal considered in light of the ANZSCO requirements for a Skill Level 2 occupation.

The Tribunal was required to determine if the applicant possessed the requisite skills, qualifications, and employment background necessary to perform the tasks of a Youth Worker, as stipulated by cl.457.223(4)(da). Additionally, the Tribunal had to assess whether the applicant had demonstrated the necessary skills in the manner specified by the Minister, as required by cl.457.223(4)(e). The Tribunal noted that the ANZSCO indicative skill level for a Youth Worker is Skill Level 2, requiring an Associate Degree, Advanced Diploma, or Diploma.

The Tribunal found that the Diploma of Community Services provided by the applicant met the skill level indicated by ANZSCO for the nominated occupation. Furthermore, considering employer references and the applicant's own evidence, the Tribunal was satisfied that the applicant had demonstrated the necessary skills to perform the work of a Youth Worker, despite not having worked in the field for over three years. Consequently, the Tribunal concluded that the applicant satisfied both cl.457.223(4)(da) and cl.457.223(4)(e).

The Tribunal remitted the applications for Temporary Business Entry (Class UC) visas for reconsideration, directing that the first named applicant meets the criteria under cl.457.223(4)(da) and cl.457.223(4)(e). The applications for the second and third named visa applicants were also remitted for full reconsideration.