1508257 (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, specifically a Subclass 457 visa. The applicant had a previous nomination for the occupation of ‘Supply and Distribution Manager’ which expired. A new nomination was lodged for the occupation of ‘Retail Buyer’. The Tribunal was required to determine whether the applicant met the requirements of clause 457.223(4)(da) of the Regulations, which pertains to having the necessary skills, qualifications, and employment background for the nominated occupation.

The Tribunal considered that the applicant conceded she did not meet the requirements for the previously nominated occupation of ‘Supply and Distribution Manager’. Consequently, the Tribunal focused on the newly nominated occupation of ‘Retail Buyer’. While the Australian and New Zealand Standard Classification of Occupations (ANZSCO) was not binding, the Tribunal referred to its indicative skill level and tasks for ‘Retail Buyer’ (ANZSCO Code 639211) to inform its assessment. The Tribunal noted that a new nomination for ‘Retail Buyer’ had been lodged but was still pending with the department, meaning clause 457.223(4)(a) could not be definitively assessed at that time.

The Tribunal concluded that the matter should be remitted for reconsideration. It directed that the visa applicant meets the criteria under clause 457.223(4)(da) of Schedule 2 to the Regulations. The application was remitted to the Minister for consideration of the remaining criteria for a Subclass 457 visa.