Cantu (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Temporary Business Entry (Class UC) visa, Subclass 457. The central dispute concerned whether the applicant possessed the necessary skills, qualifications, and employment background for the nominated occupation of Painting Trades Worker, as required by subclause 457.223(4)(da) of the Migration Regulations.

The Tribunal was tasked with determining if the applicant met the specific criteria for the nominated occupation, which mandated, at a minimum, AQF Certificate III qualifications and at least two years of on-the-job training. The applicant's background included a Bachelor of Social Communication (Advertising) degree from Brazil and casual employment as a painter there from November 2009 to April 2015. Since arriving in Australia in 2015, the applicant had been continuously employed as a painter by Leisuretex Painting, where he had also undertaken further trade training. Crucially, the applicant had also completed a Certificate III in Painting and Decorating by May 2019.

In its reasoning, the Tribunal found that the applicant satisfied the requirements of subclause 457.223(4)(da). This conclusion was based on the evidence presented, including a reference letter from his former Brazilian employer, testimony from his current employer regarding his skills and further training, and client references confirming his trade abilities. The Tribunal also noted the applicant's successful completion of the required Certificate III qualification. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, directing that the applicant met the criteria under cl 457.223(4)(da).