When Real Skill Was Overlooked, but the Truth Came Through

The Dream

An Australian business operating in the outdoor mobility sector built its reputation selling, servicing and
refurbishing electric bikes. As demand increased, the company required technical expertise to maintain
complex electrical systems within its products. An experienced technician had been working in the
business, diagnosing electrical faults, repairing motors and controllers, assembling units and ensuring
safety compliance.
To secure continuity and stability, the business nominated the technician under the Subclass 482 visa in
the Medium-term stream as an Electronic Equipment Trades Worker. The goal was simple. Retain critical
technical expertise and continue delivering high-quality service to customers.

The Problem

The nomination was refused. The Department was not satisfied that the position associated with the
nominated occupation was genuine. The concern was that the duties appeared closer to a bicycle
mechanic role rather than those of an electronics trade’s worker.
This interpretation focused heavily on surface descriptions rather than the technical substance of the role.
Electric bikes involve sophisticated electronic systems including motors, batteries, controllers, displays,
wiring, and integrated components. Yet the nomination was assessed as though the work was purely
mechanical.
The refusal created uncertainty for both the business and the technician, despite evidence that the role
had been operating successfully for an extended period.

The Solution

The matter was taken to the Tribunal. Updated submissions were provided, including a detailed
breakdown of duties and the percentage of time allocated to each task. Evidence demonstrated that most
responsibilities involved diagnosing, testing, repairing and maintaining electronic systems, aligning
directly with the ANZSCO occupation of Electronic Equipment Trades Worker.
The Tribunal considered the business structure, staffing arrangements and the technical nature of the
work performed. It accepted that the role went beyond basic bicycle assembly and involved specialised
electronic troubleshooting and system maintenance central to the business’s operations.

The Victory

The Tribunal was satisfied that the nominated position was genuine under regulation. It set aside the
refusal and remitted the application for reconsideration, confirming that the position met the regulatory
requirement.
Their Words
“We always knew the role was technical and essential to our business. The Tribunal looked closely at the
evidence and understood what the work really involved.”
If you are in a similar situation, or know someone who may require professional assistance with a visa
nomination, skills assessment, or Tribunal review matter, we encourage you to seek tailored advice.

You may contact Solve Migration for a confidential consultation:

Book a Consultation: https://solvemigration.com/book-an-appointment/
Email: ask@solvemigration.com
Our team can assess your circumstances, identify available pathways, and guide you through each stage
of the process with clear and practical advice.