Danieli (Migration)

The Administrative Appeals Tribunal considered a migration matter involving an applicant seeking a Subclass 186 (Employer Nomination Scheme) visa under the Temporary Residence Transition stream for the occupation of Electrician. The dispute centred on whether the applicant was required to hold an electrical licence in New South Wales for the nominated position.

The Tribunal was required to determine the application of clause 186.211 of Schedule 2 to the Migration Regulations, which mandates that an applicant must hold, or be eligible to hold, a licence, registration, or membership of a professional body if it is mandatory in the relevant State or Territory to undertake tasks of a kind to be performed in the nominated occupation. The core legal issue was whether the specific tasks of the nominated electrician role, as performed by the applicant, necessitated a licence in New South Wales, given that the applicant's representative argued that licensing was only mandatory for actual electrical wiring work, which the applicant did not perform.

The Tribunal reasoned that the ANZSCO description for Electricians includes a broad range of tasks, and that licensing or registration is generally required. However, it noted the applicant's submission that in New South Wales, an electrical licence is only mandatory for "electrical wiring work," defined as the physical installation, alteration, removal, or addition to an electrical installation, or the supervision thereof. The applicant's representative had contacted the NSW Office of Fair Trading and received information suggesting that licensing was not mandatory for electrical work that did not involve work on an electrical installation, and that the office did not provide written confirmation.

Given the conflicting information and the specific nature of the applicant's duties, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant meets the criteria under clause 186.211 of Schedule 2 to the Regulations, allowing for further assessment of the remaining visa criteria.