Janjic (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, specifically a Subclass 457 visa, by an applicant nominated as a carpenter (ANZSCO 331212). The core of the dispute revolved around whether the applicant possessed 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 if the applicant had met the indicative skill level for a carpenter as outlined by ANZSCO, which typically requires an AQF Certificate III and at least two years of on-the-job training, or equivalent experience. The Tribunal also needed to consider whether the applicant's submitted evidence sufficiently demonstrated the necessary skills and background for the nominated occupation.

The Tribunal reasoned that the ANZSCO indicative skill level was relevant to the criterion. It found that the applicant had provided evidence of completing an AQF Certificate III and had been working for his employer since April 2016, performing carpentry and related building tasks for over four years, thus satisfying the two-year on-the-job training requirement. Additionally, a letter of reference from a previous Croatian employer indicated relevant prior experience. Based on this evidence, the Tribunal concluded that the applicant met the skills, qualifications, and employment background requirements of clause 457.223(4)(da).

Consequently, the Tribunal remitted the applications for Temporary Business Entry (Class UC) visas for reconsideration. The direction was that the first named applicant met the criteria under clause 457.223(4)(da) for a Subclass 457 visa, and if the primary applicant met the remaining visa requirements, the secondary applicants would be considered based on their family unit membership.