MACHADO CELLA (Migration)

This matter concerned an appeal by Mr Machado Cella against a delegate's decision to refuse him a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The core of the dispute revolved around whether Mr Cella possessed the necessary skills, qualifications, and employment background to perform the tasks of the nominated occupation, Contract Administrator (ANZSCO 511111), as required by clause 457.223(4)(da) of Schedule 2 to the Regulations.

The legal issue before the Tribunal was to determine if Mr Cella met the criteria stipulated in clause 457.223(4)(da), which mandates that an applicant must have the skills, qualifications, and employment background deemed necessary by the Minister to perform the duties of the nominated occupation. The delegate had refused the visa on the grounds that Mr Cella's previous employment as an Equipment Sales & Hiring Consultant and Traffic Controller/Equipment Hire Administrator, along with his qualifications, were insufficient for the Contract Administrator role.

The Tribunal considered the indicative qualifications and tasks for a Contract Administrator as outlined in the Australia and New Zealand Standard Classification of Occupations (ANZSCO). While ANZSCO is not binding, it serves as a guide. The Tribunal noted that ANZSCO specifies a Diploma or equivalent, with at least three years of relevant experience potentially substituting for formal qualifications. Crucially, after the hearing, Mr Cella provided evidence of a Diploma in Project Management, obtained through recognition of prior learning. The Tribunal found that despite the diploma not being in Contract Administration, Mr Cella's duties over the preceding 3.5 years with his employer, supported by reference letters, email communications, and contracts he administered, demonstrated that he had predominantly undertaken the tasks of a Contract Administrator and possessed at least three years of relevant experience.

Consequently, the Tribunal concluded that Mr Cella met the requirements of clause 457.223(4)(da). The Tribunal remitted the application for reconsideration by the Minister, directing that Mr Cella satisfied this specific criterion for a Subclass 457 visa.