Gungahlin Medical & Surgical Centre Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application for Temporary Business Entry (Class UC) visas, Subclass 457 (Temporary Work (Skilled)), made by a primary applicant nominated by Gungahlin Medical & Surgical Centre Pty Ltd. The nominated occupation was Health Information Manager. The delegate had refused to grant the visas on the basis that the primary applicant did not possess the necessary skills, qualifications, and employment background to perform the tasks of the nominated occupation, as required by clause 457.223(4)(da) of the Regulations.

The Tribunal was required to determine whether the primary visa applicant had demonstrated the requisite skills, qualifications, and employment background to perform the duties of a Health Information Manager, considering the provided evidence including work references, academic qualifications, and a resume. The Tribunal also had to assess the information provided regarding the size and scope of the employer in its home country, and the applicant's education, employment tasks, and length of relevant experience in light of the ANZSCO requirements for the nominated occupation.

The Tribunal found that the evidence presented, including a work reference from Lubana General Hospital (PVT) Ltd where the applicant claimed to have been employed as a Health Information Manager since 2011, along with a Bachelor of Arts and a Master of Arts, was sufficient to satisfy the criteria under clause 457.223(4)(da). The Tribunal noted that the delegate's decision had not adequately considered the applicant's qualifications and experience in relation to the nominated occupation.

Consequently, the Tribunal remitted the applications for the Temporary Business Entry (Class UC) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria under clause 457.223(4)(da) of Schedule 2 to the Regulations.