LAMPROPOULOU (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, where the applicant was nominated for the occupation of Customer Service Manager (ANZSCO 149212). The primary dispute revolved around whether the applicant possessed the necessary skills, qualifications, and employment background to perform the nominated occupation, as required by clauses 457.223(4)(da) and 457.223(4)(e) of Schedule 2 to the Regulations. The decision was made by Jennifer Cripps Watts of the Tribunal.

The legal issues before the Tribunal were to determine if the applicant had demonstrated the requisite skills, qualifications, and employment background for the nominated occupation, specifically addressing the indicative skill level of 2 for a Customer Service Manager as defined by ANZSCO. This involved assessing whether the applicant's AQF Diploma of Customer Engagement and any work experience met the criteria, particularly in light of the replacement of the Subclass 457 visa program with the Subclass 482 visa program and the provisions for saving approved nominations.

The Tribunal found that the applicant had provided evidence of completing an AQF Diploma of Customer Engagement, which contained subjects corresponding to the tasks and duties listed in the ANZSCO for a Customer Service Manager. The Tribunal was satisfied that this qualification met the indicative skill level 2 requirement. Furthermore, the Tribunal confirmed that the applicant's nomination, approved in November 2017, remained valid under the saving provisions for applications lodged before the commencement of the Subclass 482 visa program. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant satisfied clauses 457.223(4)(da) and 457.223(4)(e).