Khan (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), where the nominated occupation was Panel Beater. The applicant, Mr Khan, sought review of a decision concerning his eligibility for the visa.

The primary legal issue before the Tribunal was whether Mr Khan possessed the necessary skills, qualifications, and employment background to perform the tasks of a Panel Beater, as required by clause 457.223(4)(da) of the relevant regulations. This clause stipulated that applicants must demonstrate the skills necessary for the nominated occupation, and if required by the Minister, those skills must be demonstrated in a manner specified by the Minister.

The Tribunal considered the applicant's resume, employer reference, payslips, and stated experience in light of the ANZSCO description for Panel Beater, which indicates a skill level commensurate with AQF Certificate III and at least two years of on-the-job training, or AQF Certificate IV. Crucially, ANZSCO also states that at least three years of relevant experience may substitute for a formal qualification. Mr Khan lacked formal qualifications but had accumulated just over three and a half years of experience working as a panel beater, including time spent on a student visa and subsequently while applying for the Subclass 457 visa. The Tribunal was satisfied that this experience, combined with a detailed employer reference and oral support from the employer, demonstrated that Mr Khan met the required skills and experience to perform the nominated occupation, exceeding the threshold for substituting experience for formal qualifications.

Consequently, the Tribunal remitted the application for a Temporary Business Entry (Class UC) visa for reconsideration, with a direction that the applicant met the criteria under clause 457.223(4)(da) of Schedule 2 to the Regulations.