BLYTH (Migration)

This matter concerned an appeal by a visa applicant against a decision regarding a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought to rely on a nomination by Green Home Green Planet Pty Ltd (GHGP), a standard business sponsor, for the occupation of Marketing Specialist. The core of the dispute revolved around whether the applicant met the necessary skills, qualifications, and experience requirements for the nominated occupation, particularly in light of the closure of the Subclass 457 visa program and the application of transitional provisions.

The Tribunal was required to determine if the applicant met the requirements of clauses 457.223(4)(a) and 457.223(4)(da) of Schedule 2 to the Migration Regulations. Clause 457.223(4)(a) pertains to the validity of the nomination by a standard business sponsor, while clause 457.223(4)(da) requires the applicant to possess the skills, qualifications, and employment background considered necessary for the nominated occupation. A key aspect of this was assessing whether the applicant's extensive relevant experience could substitute for a formal Bachelor degree qualification, as permitted by the ANZSCO guidelines for Marketing Specialists.

The Tribunal reasoned that the applicant's nomination was valid, particularly due to the transitional provisions under clause 6704 of Schedule 13 to the Regulations, which preserved the validity of nominations made before 18 March 2018, even during AAT review. Regarding the skills and experience requirement, the Tribunal found that the applicant had now accrued sufficient relevant experience, exceeding the five years stipulated by ANZSCO, and had provided updated documentary evidence to support this. This included recent employment in a Marketing Officer role and prior experience in marketing positions, including as a Sales and Marketing Manager, alongside a Diploma in Marketing.

Consequently, the Tribunal concluded that the applicant met the criteria under clauses 457.223(4)(a) and 457.223(4)(da). The matter was therefore remitted to the Minister for reconsideration of the remaining criteria for the Subclass 457 visa.