Sin (Migration)

This matter concerned an appeal by the applicant, Sin, against a decision regarding a Temporary Business Entry (Class UC) visa, specifically a Subclass 457 (Temporary Work (Skilled)) visa. The nominated occupation was Printing Machinist. The core of the dispute revolved around whether the applicant possessed the requisite skills, qualifications, and employment background to perform the duties of a Printing Machinist, as stipulated by clause 457.223(4)(da) of Schedule 2 to the Regulations.

The legal issue before the Tribunal was to determine if the applicant met the criteria outlined in clause 457.223(4)(da), which requires the applicant to have the necessary skills, qualifications, and employment background for the nominated occupation. The Australian and New Zealand Standard Classification of Occupations (ANZSCO) for Printing Machinist specifies an Australian Qualifications Framework (AQF) Certificate III with two years of on-the-job training, or an AQF Certificate IV, noting that at least three years of relevant experience may substitute for formal qualifications.

The Tribunal considered the applicant's submitted qualifications, including a short course in Woven Fabric Analysis and Design and partial business degree studies. Crucially, the applicant stated he had operated his own digital printing business in Hong Kong since 2008 and provided services to a company in Australia. The Tribunal found that the applicant met the criteria for the visa, and consequently, the second applicant, as a member of the family unit, also met the criteria. The Tribunal remitted the application for reconsideration with a direction that the first applicant satisfied clause 457.223(4)(da).