Smyk (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, where the primary dispute revolved around whether the applicant met the requirements of clause 457.223(4)(e) of Schedule 2 to the Regulations. The applicant had been nominated for the occupation of Metal Machinist (First Class) and was requested by the Department to provide evidence of a successful skills assessment for migration purposes. The case was heard by Hugh Sanderson, a Member of the Tribunal.

The legal issue before the Tribunal was to determine if the applicant had satisfied the criteria under clause 457.223(4)(e), which requires an applicant to demonstrate the necessary skills for the nominated occupation in the manner specified by the Minister, if so required. This clause operates in conjunction with clause 457.223(4)(da), which mandates that the applicant possess the skills, qualifications, and employment background necessary to perform the nominated occupation's tasks.

The Tribunal reasoned that the applicant had provided the required evidence by submitting a report from Trades Recognition Australia, dated 3 October 2017, which assessed his application as successful. As this report confirmed the applicant's successful skills assessment for migration purposes, the Tribunal concluded that the applicant satisfied the requirements of clause 457.223(4)(e). Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the visa applicant meets the criteria specified in clause 457.223(4)(e).