Mooney (Migration)

This matter concerned an appeal by the applicants against a decision of the Tribunal regarding their applications for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The primary dispute revolved around whether the applicant met the requirements of clauses 457.223(4)(a) and 457.223(4)(da) of Schedule 2 to the Regulations, specifically concerning the nominated occupation of Cabler (Data and Telecommunications).

The legal issues before the Tribunal were whether the applicant satisfied the criteria for an approved nomination under Regulation 2.72 and whether the applicant possessed the necessary skills, qualifications, and employment background for the nominated occupation of Cabler (Data and Telecommunications) ANZSCO 342411. This involved considering changes to eligible skilled occupations for the Subclass 457 visa program and the applicant's submitted evidence, including a Certificate III in Telecommunications and employment references.

The Tribunal reasoned that a new nomination for the applicant as a Cabler (Data and Telecommunications) had been approved on 9 June 2018, and this approval had not ceased. Consequently, the Tribunal found that the applicant satisfied clause 457.223(4)(a). Regarding clause 457.223(4)(da), the Tribunal accepted that assessing an applicant's skills required more than a simple matching exercise against ANZSCO definitions, adopting an approach that ascertains the applicant's skills and their application to the nominated occupation, as per *Joshi v Minister for Immigration and Multicultural and Indigenous Affairs* [2005] FMCA 1116. The Tribunal carefully considered the ANZSCO description for Cabler (Data and Telecommunications) and the applicant's provided documentation, including a Certificate III, employment references, and pay slips.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister to assess the remaining criteria for a Subclass 457 visa. The Tribunal directed that the first named applicant met the criteria under clauses 457.223(4)(a) and (da) of Schedule 2 to the Regulations.