1508200 (Migration)

This matter concerned an application for a Subclass 457 visa, where the primary dispute revolved around whether the applicant possessed the requisite skills, qualifications, and employment background to perform the nominated occupation of Customer Service Manager, as stipulated by clause 457.223(4)(da) of the relevant regulations. The case was heard by the Tribunal.

The central legal issue before the Tribunal was to determine if the applicant met the criteria outlined in clause 457.223(4)(da), which requires the applicant to demonstrate that they have the necessary skills, qualifications, and employment background for the nominated occupation. Additionally, the Tribunal considered clause 457.223(4)(e), which mandates that if required by the Minister, the applicant must prove they possess the skills necessary to perform the occupation in the manner specified by the Minister. The Tribunal was guided by the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for Customer Service Managers, noting that a narrow matching process with ANZSCO definitions was insufficient, and that the approach should ascertain the applicant's attributes and how they are applied in the workplace for remuneration, as established in *Joshi v MIMIA*.

The Tribunal acknowledged that while ANZSCO provides guidance for the Customer Service Manager occupation, indicating a skill level commensurate with an AQF Associate Degree, Advanced Diploma, or Diploma, or at least three years of relevant experience, the determination required more than a simple comparison. The applicant had provided work references confirming employment as a Customer Service Manager in England for periods between September 2009 and August 2011, and April 2012 to September 2013. Despite this evidence, the Tribunal concluded that the matter should be remitted for reconsideration.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the visa applicant meets the criteria under clause 457.223(4)(da) of Schedule 2 to the Regulations.