Dunne (Migration)

The case of Dunne (Migration) concerned an applicant seeking a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The primary dispute revolved around whether the applicant possessed the necessary skills, qualifications, and employment background to perform the nominated occupation of Wall and Floor Tiler, as required by clause 457.223(4)(da) of the relevant regulations. The matter was heard by K. Chapman, a member of the Tribunal.

The legal issue before the Tribunal was to determine if the applicant had satisfied the requirements of cl.457.223(4)(da), which mandates that an applicant must have the skills, qualifications, and employment background considered necessary by the Minister to perform the tasks of the nominated occupation. The Tribunal also considered cl.457.223(4)(e), which pertains to demonstrating skills if required by the Minister, though it found no evidence that such a requirement had been imposed in this instance. The indicative skill level for a Wall and Floor Tiler, as per ANZSCO, typically requires a Certificate III qualification and two years of relevant work experience, or a Certificate IV, or at least three years of relevant work experience in lieu of formal qualifications.

The Tribunal's reasoning focused on the evidence presented by the applicant to demonstrate their work experience. While initial claims of work experience in Ireland were not accepted by the Department due to a lack of corroborating evidence, the applicant subsequently provided a reference from their current Australian employer, detailing continuous employment as a Wall and Floor Tiler since January 2016. This was supplemented by photographs of work, a curriculum vitae, and a written description of their work. On balance, the Tribunal was satisfied that the applicant had accumulated at least three and a half years of relevant work experience in Australia and therefore possessed the necessary skills, qualifications, and employment background for the nominated occupation.

Consequently, the Tribunal remitted the applications for the Temporary Business Entry (Class UC) visas for reconsideration. The direction was that the first named applicant met the criteria under cl.457.223(4)(da) of Schedule 2 to the Regulations, allowing the Minister to consider the remaining criteria for the Subclass 457 visa.