Davidson (Migration)

The Administrative Appeals Tribunal (Cth) considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), made by an applicant nominated by DSSOE Pty Ltd, trading as Dance Sensations. The dispute centred on whether the applicant possessed the necessary skills, qualifications, and employment background to perform the nominated occupation of Dance Teacher (Private Tuition), as required by clauses 457.223(4)(da) and 457.223(4)(e) of the relevant regulations.

The Tribunal was required to determine if the applicant met the criteria for the nominated occupation, specifically concerning the minimum of five years of relevant work experience, which could substitute for formal qualifications at Skill Level 1 as indicated by the Australian and New Zealand Standard Classification of Occupations (ANZSCO). The applicant relied on her work experience as a dance teacher in the USA between 2010 and 2015, and subsequently in Australia with Dance Sensations from 2016 to 2018.

The Tribunal found that while the applicant provided evidence of her duties and employment, including references and an employment agreement, the calculation of her overseas work experience was not entirely satisfactory. Specifically, the Tribunal calculated approximately 52 months (four years and four months) of full-time work as a dance teacher in the USA, taking into account an estimated four weeks of annual leave. This period, while substantial, did not definitively meet the five-year threshold. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant be considered to meet the criteria under clauses 457.223(4)(da) and 457.223(4)(e), and advised that a decision on the visa should be made before the nomination expired on 7 December 2019.