Mendes Pierre Andre (Migration)

The Administrative Appeals Tribunal considered an application by Mendes Pierre Andre for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The dispute centred on whether the applicant possessed the necessary skills, qualifications, and employment background for the nominated occupation of Glazier, as required by the Minister.

The Tribunal was tasked with determining if the applicant met the qualification and experience requirements for the nominated occupation of Glazier, as assessed against the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Specifically, the Tribunal had to consider the relevance of the applicant's qualifications, the timing of their attainment, and the nature of their employment experience in relation to the specified duties of a Glazier versus a lower-skilled occupation.

The Tribunal found that while the applicant held a Certificate III in Glass and Glazing, it was issued after the visa application was lodged, and it was unclear how it was attained, particularly given the applicant's part-time work and study commitments. Furthermore, the Tribunal was not satisfied that the applicant's employment as a 'Glazier / Glass processor' demonstrated experience at the level of a Glazier, concluding that the duties appeared more consistent with a Glass Processing Worker. Consequently, the Tribunal was not satisfied that the applicant had the requisite three years of relevant experience that could substitute for the qualification level outlined in ANZSCO. The Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met criterion cl 457.223(4)(da) of Schedule 2 to the Regulations.