Rengifo Rubio (Migration)

This matter concerned an appeal by an applicant for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), before the Tribunal. The core dispute revolved around whether the applicant possessed the requisite skills, qualifications, and employment background to perform the tasks of the nominated occupation, Education Manager nec (ANZSCO 134499), as stipulated by clause 457.223(4)(da) of the relevant regulations. The applicant's representative had provided a duty statement from their employer and detailed submissions regarding their employment history.

The Tribunal was required to determine if the applicant's experience as a Campus Manager, from April 2015 to the present, satisfied the requirements of clause 457.223(4)(da). This clause mandates that an applicant must have the skills, qualifications, and employment background considered necessary by the Minister to perform the nominated occupation. The Tribunal also considered clause 457.223(4)(e), which requires demonstration of necessary skills if specified by the Minister. The nominated occupation, Education Manager nec, is rated at ANZSCO skill level 1, with typical tasks including coordinating educational and administrative affairs, developing policy, and liaising with stakeholders. ANZSCO generally indicates that such occupations require a bachelor's degree or higher and at least five years of relevant experience, though experience may sometimes substitute for formal qualifications.

The Tribunal reasoned that the applicant's role as Campus Manager, encompassing duties such as managing staff, implementing strategies, monitoring performance, and contributing to policy development, aligned with many of the tasks described for an Education Manager nec. Given the significant time elapsed since the delegate's decision, the Tribunal noted that the applicant had accumulated nearly five years of relevant experience in this role alone. The Tribunal concluded that the applicant had demonstrated sufficient relevant experience to satisfy the criterion under clause 457.223(4)(da).

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a specific direction that the applicant meets the criterion outlined in clause 457.223(4)(da) of Schedule 2 to the Regulations. The Minister was to proceed to consider the remaining criteria for the Subclass 457 visa.