1505969 (Migration)

The applicant sought judicial review of a decision by the Migration Review Tribunal concerning their eligibility for a Subclass 457 visa. The central dispute revolved around whether the applicant possessed the requisite skills, qualifications, and employment background to perform the nominated occupation of Production Manager (Manufacturing), as stipulated by clause 457.223(4)(da) of the relevant regulations.

The Tribunal was required to determine if the applicant met the criteria under clause 457.223(4)(da), which mandates that an applicant have the necessary skills, qualifications, and employment background for the nominated occupation. In assessing this, the Tribunal considered the Australian and New Zealand Standard Classification of Occupations (ANZSCO) as an indicative guide for the skill level of a Production Manager (Manufacturing). ANZSCO indicates that this occupation typically requires a qualification commensurate with a bachelor's degree or higher, though it also allows for at least five years of relevant experience to substitute for formal qualifications, and in some instances, may require additional relevant experience or on-the-job training.

The Tribunal found that the applicant did not hold a bachelor's degree or higher qualification, having completed high school and a two-day course at CERB. However, the Tribunal was satisfied, based on the evidence presented, that the applicant had accumulated sufficient relevant experience in roles such as Production Manager/Head Brewer with the sponsor, and in previous positions with Eataly NYC and Eataly Rome, which were consistent with the duties of a Production Manager (Manufacturing) as outlined in ANZSCO. Despite these findings regarding experience, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 457.223(4)(da).