Wilson (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), by a primary and secondary applicant. The primary applicant was nominated for the occupation of Recruitment Consultant by PKL Personnel Pty Ltd. The Tribunal was required to determine whether the primary applicant met the requirements of clause 457.223(4)(aa) of the Migration Regulations 1994.

The central legal issue was whether the nominated occupation of Recruitment Consultant was specified in an instrument in writing for paragraph 2.72(10)(aa) of the Regulations, as required by clause 457.223(4)(aa). This involved examining the instrument IMMI 17/060, which specified occupations for Subclass 457 visas. The Tribunal had to consider whether the occupation of Recruitment Consultant, as listed in IMMI 17/060, was subject to any inapplicability conditions that would exclude it.

The Tribunal reasoned that while Recruitment Consultant was listed in IMMI 17/060, it was subject to three inapplicability conditions. One of these conditions stipulated that the nominated base salary must be at least AUD65,000. The evidence before the Tribunal indicated that the applicant's nominated base salary was $55,000, which was less than the required threshold. Consequently, the occupation was affected by this inapplicability condition and was excluded from the specified list. The Tribunal noted that no further information was provided regarding the other two inapplicability conditions related to annual turnover and employee numbers. As the primary applicant failed to meet the requirement under clause 457.223(4)(aa), and the secondary applicant's claim was dependent on the primary applicant meeting the criteria, the Tribunal affirmed the decision not to grant the visa.