Khadka (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Khadka and his spouse, who sought Temporary Business Entry (Class UC) visas, Subclass 457. The primary dispute concerned whether the applicant possessed the necessary skills, qualifications, and employment background to perform the nominated occupation of Program or Project Administrator (ANZSCO 511112). The Tribunal also had to determine if the applicant had demonstrated the required skills in the manner specified by the Minister, particularly in light of a negative skills assessment from VETASSESS.

The Tribunal was required to assess the applicant's work experience and oral evidence against the defined tasks of a Program or Project Administrator, as outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Key tasks for this occupation include developing, reviewing, and negotiating contracts, resolving inquiries, managing project paperwork, advising senior management, and reporting on project outcomes. The Tribunal needed to decide whether the applicant's described duties, such as supervising housekeeping staff and preparing reports, aligned with these responsibilities, especially given the lack of formal employment agreements and the applicant's difficulties with English.

In its reasoning, the Tribunal found that the applicant's oral evidence, particularly regarding reporting duties, was not sufficiently detailed or supported by documentary evidence to establish a high level of responsibility. The Tribunal noted that the applicant's role appeared to be more about following direct instructions rather than developing, reviewing, or negotiating contracts or programs. Coupled with the negative VETASSESS skills assessment, the Tribunal concluded that the applicant had not demonstrated the necessary skills, qualifications, and employment background to meet the requirements for the nominated occupation under the standard business sponsorship stream. Consequently, the Tribunal affirmed the decision not to grant the visas.