Matthews (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, by a Recruitment Consultant. The primary issue before the Tribunal was whether the applicant possessed the necessary skills, qualifications, and employment background to perform the tasks of the nominated occupation, as required by clause 457.223(4)(da) of the relevant regulations. The nominated occupation, Recruitment Consultant, typically requires a qualification equivalent to a bachelor's degree, or alternatively, five years of relevant experience. The applicant relied solely on his work experience, lacking formal qualifications.

The Tribunal was required to determine if the applicant's five years of relevant experience satisfied the skill level requirements for the nominated occupation. Additionally, the Tribunal needed to consider the status of the applicant's nomination, which had lapsed and was awaiting a fresh application at the initial hearing. The applicant sought a deferral to allow for the processing of this nomination.

The Tribunal reasoned that while the applicant's experience appeared to meet the alternative skill requirement for a Recruitment Consultant, the crucial element of an approved nomination was initially absent. However, subsequent to a deferred hearing, the Tribunal was informed that the nomination application had been approved. Given this development, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration of the remaining criteria for the subclass 457 visa, with a specific direction that the first named applicant met the requirements of clause 457.223(4)(da).