1509942 (Migration)

This matter concerned an appeal by a visa applicant against the refusal of a Subclass 457 visa. The central dispute revolved around whether the applicant possessed the requisite skills, qualifications, and employment background to perform the tasks of a nominated occupation, specifically that of a Recruitment Consultant, as required by clause 457.223(4)(da) of the relevant regulations. The Tribunal was tasked with determining if the applicant's prior work experience met the criteria for this nominated occupation.

The legal issues before the Tribunal were twofold: firstly, whether the applicant's employment as an Account Manager/Recruitment Adviser between September 2011 and January 2014, and as a Personal Assistant/HR Advisor from March 2008 to June 2010, constituted sufficient relevant experience for the nominated role of Recruitment Consultant. Secondly, the Tribunal had to consider the guidance provided by the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for the nominated occupation, which generally requires a Bachelor degree or higher qualification, or at least five years of relevant experience. The Tribunal was also guided by the principle established in *Joshi v MIMIA*, which mandates an assessment of an applicant's attributes and skills and their application in the workplace for remuneration, rather than a narrow matching exercise.

The Tribunal reasoned that while ANZSCO indicated a Bachelor degree or five years of relevant experience was typically required for a Recruitment Consultant, the determination of an application necessitates more than a simple comparison with the ANZSCO definition. The delegate had found the applicant's experience between 2011 and 2014 insufficient and her earlier experience, though relevant, fell short of the minimum five-year period. However, the Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant be considered to meet the criteria under clause 457.223(4)(da). The Tribunal's decision was to remit the application for the visa to the Minister for reconsideration of the remaining criteria for a Subclass 457 visa.