Australian Immigration Daily News

Stupid me! I was trying to get some firm answer through the agent’s gateway, which seems to be designated for purpose of clarifying “complicated policy issues“.

If the matter is not complicated enough, obviously do not dare to ask. An RMA has to be suitably qualified to maintain their registration and have suitable skills (I guess in 'mind reading' the Department’s intentions and policy).  I am not sure if the certificate 3 or 4 in fortune telling or mind reading is suitable, as the Office of the MARA failed to specify this requirement as part of our registration.

The requirement of qualification recognition for specific occupations, and listed countries is set up by PAM 3. 

Why can I not get a clear answer for a simple question if a cert 3 in trade occupation obtained in Australia by person (having no experience other than available during the course of study) holding passport issued by a country not listed in policy can be regarded as meeting requirement of 457.223 or not, under policy? 

Is the question not complicated enough or too complicated? Is PAM 3 not guarding the consistency of decision-making?   On what grounds do delegates make their decisions, if the ANZSCO is being used as the guideline only, and PAM 3 is silent?  Are we back to the subjective judgment or believe of decision maker “who will consider the case on an individual basis”? 

Why do I insist on clear answers from the DIBP?

I do not like answering to my clients, that I have no clue whether they can meet the requirements of the 457 visa program and the skills required..... as DIBP's requirements are set “on the case by case basis”.

I do not want to look like an idiot in front of my clients asking why the visa has been refused due to him/her insufficient skills. Tammy, who decided not to sign with her list name and position held, states:

“It will ultimately be up to the delegated decision maker, who will consider the case on an individual basis and may contact you to discuss specific issues “.

The last thing I want is to discuss obvious matters a with person holding power to make decision. I would like to get a clear answer as to what the rules are, either by PAM 3 instruction or e-mail from responsible, qualified person.  Is Tammy (last name not known to the writer) authorised to provide that? 

Tammy states further:

Decision makers (...) may request the applicant to undertake a skills assessment to demonstrate their ability to meet this criterion

Tammy, please tell us all if we should expect a request to kill the case, or should we expect that the case might have chances of success under policy?

In the described scenario, the request equals a refusal of the visa application as TRA requires experience client obviously does not have. 

Has anyone tried lodgement of 457 visa application purely on the grounds of cert 3 obtained in Australia for tradesperson (sign writer, painter, and mechanic)?

Has anyone got more details interpretation of PAM 3 in the matter discussed?

Any comments and sharing your experience will be highly appreciated.

See my correspondence via Agents Gateway below:

UNCLASSIFIED

From:This email address is being protected from spambots. You need JavaScript enabled to view it. [mailto:This email address is being protected from spambots. You need JavaScript enabled to view it. ]
Sent: Friday, 31 July 2015 3:59 PM
To: 457 Management
Subject: Sponsored Temporary Employment

This enquiry was submitted through the departmental website.

 Destination email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Subject: Sponsored Temporary Employment
Realname: Piotr Ferenc
Marn: 0743766
Login:
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Message: ([457.223] (4) da) requires “the applicant has the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation”. It appears to me that policy is silent in relation to suitability of graduates who have obtained trade qualifications at cert 3 by studying in Australia on the campus, on VET CRICOS registered courses having little or no work experience component for 457 visa and are not required to do TRA assessment. It is clear that occupations and passport holders specified in policy must obtain TRA assessment specified by Minister. It is however not addressed by policy if graduate tradesperson qualified in Australia at cert 3 level, for obvious reasons , having no work experience in nominated trade, ‘ has qualifications that Minister considers necessary to perform the tasks of the nominated occupation’? I do understand that each case is assessed individually, however described situation is common therefore clarification of the Department's standing in this matter is required, especially that ANZCO commonly used by officer's as a guideline, requires tradesperson to complete 2 years apprenticeship in conjunction with cert 3 qualifications or cert 4 which in many trades is not available .

UNCLASSIFIED

Good afternoon Piotr,

We are not able to provide definitive advice in relation to this scenario as it will ultimately be up to the delegated decision maker, who will consider the case on an individual basis and may contact you to discuss specific issues.  As you have correctly stated, decision makers use ANZSCO as a guide when determining whether an applicant has the skills, qualifications and experience necessary to perform the nominated occupation, and may request the applicant to undertake a skills assessment to demonstrate their ability to meet this criterion.

Regards,

Tammy.

457 Management Team

457 and BV ABC Management Section
Temporary Visa Programme Branch | Visa and Citizenship Management Division
Visa and Citizenship Services Group
Department of Immigration and Border Protection