TAN (Migration)

This matter concerned an appeal to the Tribunal by a citizen of Malaysia regarding the refusal of her application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant had been nominated for the position of Marketing Specialist by Austra Construction Pty Ltd. The Tribunal was informed that the sponsoring company was reorganising its business into a new entity and intended to lodge a new sponsorship and nomination application for the applicant.

The primary legal issue before the Tribunal was whether the applicant met the requirements of subclause 457.223(4)(da) of the Migration Regulations 1994, specifically whether she possessed the necessary skills, qualifications, and employment background for the nominated occupation of Marketing Specialist. This required the Tribunal to assess if the applicant's extensive on-the-job experience could substitute for the formal qualifications typically associated with a Bachelor's degree or higher, as prescribed by the ANZSCO classification for the role.

The Tribunal considered the applicant's employment history, which spanned 19 years from 1995 to 2014 across three companies. However, it found that the applicant lacked formal qualifications in marketing and had not undertaken any marketing training or activities since leaving her last employment in 2014. Furthermore, the Tribunal noted that the proposed role with the sponsor appeared to be primarily focused on account management, with marketing tasks and promotions being secondary, and that no such specific position currently existed within the reorganised business. The Tribunal concluded that the applicant had not demonstrated that her accumulated experience was commensurate with or equivalent to the tasks and nature of work required for a Marketing Specialist.

Consequently, the Tribunal affirmed the decision not to grant the visa, finding that the requirements for the standard business sponsorship stream had not been met. No claims were made or evidence provided regarding alternative visa streams.