Mckinney (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457, made by an applicant seeking to work as a Solid Plasterer. The applicant, a national of Ireland, claimed to have acquired relevant skills through on-the-job training and subsequent employment in Ireland and Australia, but did not possess formal qualifications at Certificate III or IV levels. The Department had previously refused the visa, finding that the applicant had not demonstrated the necessary skills, qualifications, and employment background, partly due to unsuccessful attempts to contact his nominated referees.

The primary legal issue before the Tribunal was whether the applicant possessed the requisite skills, qualifications, and employment background to perform the tasks of a Solid Plasterer, as required by the visa regulations. The Tribunal was tasked with assessing the applicant's claimed experience against the indicative skill level and tasks outlined in the ANZSCO description for Plasterers, which suggests that at least three years of relevant experience may substitute for formal qualifications.

The Tribunal acknowledged that while not strictly bound by the ANZSCO description, it served as a useful guide. It noted the applicant's provided employment history and the delegate's concerns regarding the verification of his referees and the details of his claimed employment. After considering the applicant's explanations for the discrepancies, the Tribunal concluded that the delegate's concerns regarding the demonstration of skills, qualifications, and employment background were not adequately addressed. Consequently, the Tribunal decided to remit the application for reconsideration by the Minister, directing that the applicant be considered to meet the criterion relating to skills, qualifications, and employment background for a Subclass 457 visa, specifically clause 457.223(4)(da) of Schedule 2 to the Regulations.