HASSAN (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457, concerning an applicant nominated as a Sales and Marketing Manager. The delegate had refused the visa, finding the applicant did not possess the necessary skills, qualifications, and employment background as required by clause 457.223(4)(da) of the Migration Regulations.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(da), which mandates that an applicant must have the skills, qualifications, and employment background necessary to perform the tasks of the nominated occupation. This involved assessing the relevance of the applicant's Bachelor of Accounting degree, a Diploma of Marketing, a Diploma of Accounting, and their work experience, particularly in light of ANZSCO guidelines which indicate a Bachelor degree or at least five years of relevant employment experience for a Sales and Marketing Manager.

The Tribunal reasoned that when assessing an applicant's suitability for a nominated occupation, it is crucial to consider their qualifications and work experience holistically. While the applicant's Bachelor of Accounting degree alone might not have been sufficient, the Tribunal found that it was supplemented by a Diploma of Marketing and a Diploma of Accounting, both of which contained relevant subjects. Furthermore, the Tribunal accepted the applicant's submission that they had accumulated the equivalent of five years of full-time, highly relevant work experience in the nominated occupation, including substantial time with the sponsoring employer.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria under clause 457.223(4)(da) for the Subclass 457 visa.