Suzuki (Migration)

This matter concerned a review of a decision regarding a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought review of the refusal of their visa application, which had been made following the approval of a standard business sponsorship by Daiwa Food Corporation Pty Ltd for the nominated occupation of Marketing Specialist. The review was heard by John Cipolla, Senior Member.

The primary legal issue before the Tribunal was whether the applicant possessed the necessary skills, qualifications, and employment background to perform the tasks of the nominated occupation of Marketing Specialist, as required by clause 457.223(4)(da) of the relevant regulations. This clause mandates that an applicant must demonstrate they have the requisite attributes for the nominated role.

The Tribunal considered a submission from the applicant's representative, which highlighted a positive skills assessment from VETASSESS for the occupation of Marketing Specialist, obtained on 12 February 2021. This assessment confirmed the applicant's skills and experience were at an appropriate level and closely related to the nominated occupation as at 31 January 2018, prior to the visa application date. The Tribunal found that the applicant had provided sufficient evidence to satisfy the requirements of clause 457.223(4)(da). Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 457.223(4)(da) for a Subclass 457 visa, allowing for the assessment of remaining criteria.