Valencia Rendon (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457, by an applicant nominated for the occupation of Bricklayer. The applicant's visa application was refused by the delegate on the basis that the applicant had not provided sufficient evidence of relevant qualifications and three years of experience. The Tribunal was required to determine whether the applicant met the requirements of clause 457.223(4)(da) of the Regulations, which mandates that the applicant possess the necessary skills, qualifications, and employment background to perform the tasks of the nominated occupation.

In considering the applicant's eligibility, the Tribunal referred to the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for Bricklayer (ANZSCO 331111). ANZSCO indicates that formal qualifications such as an AQF Certificate III with at least two years of on-the-job training, or an AQF Certificate IV, are typically expected, with three years of relevant experience being a potential substitute for formal qualifications. The Tribunal acknowledged that assessing an applicant's suitability involves more than a simple matching exercise against the ANZSCO definition, citing the principle from *Joshi v MIMIA* that the assessment should ascertain the applicant's attributes and skills and how they are applied in the workplace for remuneration.

The Tribunal concluded that the matter should be remitted for reconsideration. It found that the applicant met the criteria under clause 457.223(4)(da) and directed that the application be reconsidered by the Minister, with the applicant deemed to meet this specific criterion. The Tribunal's decision was to remit the application for further consideration of the remaining criteria for a Subclass 457 visa.