Liu (Migration)

This matter concerned a review of a decision to refuse a Subclass 457 (Temporary Work (Skilled)) visa. The applicant, Mr Liu, was nominated for the occupation of Program or Project Administrator (ANZSCO 511112) by Zluxez (Australia) Pty Ltd. The visa application was made in 2016, refused in 2018, and subsequently reviewed by the Tribunal. The Tribunal was required to determine whether the applicant met the requirements of clauses 457.223(4)(da) and 457.223(4)(e) of the Migration Regulations 1994, which relate to the applicant possessing the necessary skills, qualifications, and employment background for the nominated occupation, and demonstrating those skills if required by the Minister.

The court's reasoning focused on the applicant's ability to demonstrate the necessary skills for the nominated occupation, particularly in light of his lack of formal qualifications and his inability to obtain a skills assessment through the Vetassess application. The Tribunal noted that ANZSCO indicated that at least three years of relevant experience could substitute for formal qualifications for this occupation. Despite the applicant not providing a formal skills assessment, the Tribunal considered the documentary and oral evidence presented to assess whether the applicant had demonstrated the requisite skills, qualifications, and employment background. The Tribunal acknowledged that the Subclass 457 visa program had been repealed and replaced by the Subclass 482 visa program, and that obtaining a skills assessment through the Trades Recognition Australia program was no longer possible for 457 visa applicants.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria under clauses 457.223(4)(da) and 457.223(4)(e) for a Subclass 457 visa. The applications for Temporary Business Entry (Class UC) visas were remitted to the Minister for reconsideration of the remaining criteria.