WALTERS (Migration)

This matter concerned an appeal by an applicant for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), against the refusal of their application. The nominated occupation was Other Sports Coach or Instructor. The applicant had an approved nomination and a valid Standard Business Sponsorship. The visa application was refused by the delegate on 19 April 2018, and the application for review was lodged on 9 May 2018. The Tribunal considered the applicant's qualifications, including various Australian Parachute Federation (APF) licences and ratings, and their work experience in the skydiving industry since 2015.

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, as required by clause 457.223(4)(da) of Schedule 2 to the Regulations. Additionally, the Tribunal had to consider clause 457.223(4)(e), which pertains to demonstrating the skills necessary to perform the occupation in the manner specified by the Minister, if required. The applicant contended that their APF certifications, gained through practical experience and in-house testing, met the requirements, as there were no formal qualifications equivalent to AQF Certificate III or IV for this specific role.

The Tribunal accepted the applicant's evidence regarding their qualifications and work experience, finding them to be candid, reliable, and detailed. It was satisfied that the applicant had obtained the necessary certifications from the APF, including renewed instructor certifications held for the past four years, and that these were granted based on demonstrated skills through employment. The Tribunal also accepted the applicant's explanation that the APF system, which relies on practical experience and internal assessment, was the relevant pathway for qualification in this field, and that formal AQF qualifications were not applicable.

Consequently, the Tribunal remitted the application for a Temporary Business Entry (Class UC) visa for reconsideration by the Minister. The Tribunal directed that the visa applicant meets the criteria under clause 457.223(4)(da) and clause 457.223(4)(e) of Schedule 2 to the Regulations.