Mc Cann (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), for the nominated occupation of Solid Plasterer. The applicant sought review of a decision that they did not meet the requirements of clause 457.223(4)(da) of the *Migration Regulations 1994*, which mandates that an applicant possess the necessary skills, qualifications, and employment background for the nominated occupation.

The primary legal issue before the Tribunal was to determine whether the applicant had demonstrated sufficient skills, qualifications, and employment background to perform the tasks of a Solid Plasterer, as required by clause 457.223(4)(da). This involved considering the applicant's submitted evidence against the criteria outlined in the Department's policy (PAM3) and the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for Solid Plasterers, while also acknowledging that ANZSCO is not binding but serves as an informative guide.

The Tribunal reasoned that assessing an applicant's suitability for a nominated occupation requires more than a simple, narrow matching of their tasks against the ANZSCO definition. Drawing on the principle established in *Joshi v MIMIA*, the Tribunal held that the correct approach involves ascertaining the applicant's attributes and skills and how these are applied in a remunerated workplace. In this instance, the Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant be found to meet the criteria under clause 457.223(4)(da).