Successful Subclass 186 Employer Nomination Visa

October 29, 2015 - Unreported Cases

The applicant lodged a subclass 186 Employer Nomination (Permanent) (Class EN) visa. The 186 visa application was refused because the Department concluded that the applicant was not the holder of the required mandatory registration or licence to perform the work of an Electrician in NSW as he was undertaking work under supervision of a licenced Electrician.

The applicant lodged a review of the Department’s decision to the AAT (previously known as Migration Review Tribunal). Immigration Solutions Lawyers (ISL) argued that registration or licensing is not ‘mandatory’ if a person can perform work in that occupation without registration or similar, even if the work has to be performed under supervision.

ANZSCO requirements

ISL also pointed out that there is no single definitive source that covers registration, licensing or membership across occupations identified within the ANZSCO framework. The reason being that registration and licensing requirements are generally managed as State/Territory level through industry specific legislation.

Eligibility at the time of application

ISL put forth numerous submissions stating that even if the AAT found that licencing/registration was required, the applicant was eligible to hold a tradesperson certificate at the time of application as that certificate enables the applicant to perform all the duties of the position of Electrician (General). ISL also argued that the applicant was eligible to hold a Supervisor Certificate at the time of application due to the qualifications he acquired overseas. ISL argued that no further studies were required for the applicant to have his trade recognised in Australia. Therefore the applicant’s prior qualifications and work experience were sufficient to establish that he had the requisite skills for the position of Electrician.

AAT decision

The AAT concluded that ‘mandatory’ is not defined in the legislation. The AAT found that the relevant Departmental policy states that registration and licencing ‘is not considered mandatory if a person can perform the work in the occupation without registration or similar, even if the work has to be performed under supervision.’

Therefore the AAT considered ISL’s submissions and evidence provided at the hearing and agreed with the general contention in the submission that registration of the occupation of Electrician (General) is not mandatory due to the fact that a person within this skills set is able to work under the supervision of a registered Electrician. Thus the Tribunal found that the holding of the registration is not mandatory or obligatory as in NSW a person with the requisite skill set is able to work under the supervision of a registered Electrician.

 

ISL’s extensive experience with difficult immigration matters such as these has made them one of the leading immigration law firms in Australia. With over 22 years of experience in the industry, principal lawyer Anne O’Donoghue has been able to lead her team to success. Immigration law is a constantly changing and complicated area that requires an in-depth knowledge to gain the positive outcome that is required. To read more about Immigration Solutions Lawyers click here.

 

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