Nguyen (Migration)

The case concerned an applicant for a Temporary Business Entry (Class UC) visa, Subclass 457, nominated as a Finance Manager. The dispute before the Tribunal was whether the applicant met the requirements of subclause 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 legal issue before the Tribunal was to determine if the applicant had demonstrated the requisite skills, qualifications, and employment background to perform the tasks of a Finance Manager, as specified by ANZSCO 132211. This classification indicates an AQF bachelor degree or higher, with a minimum of five years of relevant experience as a potential substitute for formal qualifications.

The Tribunal found that the applicant had provided evidence of a Bachelor of Business (Accounting) from Cambridge International College Australia, conferred in 2015. Based on this qualification, the Tribunal was satisfied that the applicant met the requirements of subclause 457.223(4)(da). Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration of the remaining criteria, with a direction that the applicant satisfied this specific criterion.