1516350 (Migration)

This matter concerned an appeal by a review applicant against a decision not to grant a visa to the primary applicant, Mr Singh, who was nominated for the occupation of Cook. The core of the dispute revolved around whether Mr Singh met the requirements of subclause 457.223(4)(e) of the Migration Regulations 1994, which mandates that if the Minister requires an applicant to demonstrate specific skills for the nominated occupation, the applicant must do so in the manner specified by the Minister.

The legal issues before the Tribunal were whether Mr Singh possessed the necessary skills, qualifications, and employment background for the nominated occupation as required by cl.457.223(4)(da), and crucially, whether he had demonstrated the skills necessary to perform the occupation in the manner specified by the Minister under cl.457.223(4)(e). The Minister had requested evidence of a successful completion of a TRA 457 Skills Assessment, or at least the commencement of such an assessment.

The Tribunal's reasoning focused on the applicant's failure to provide the requested TRA 457 Skills Assessment. While the applicant provided a Certificate IV in Commercial Cookery, the Tribunal found that this qualification was obtained from a Registered Training Organisation not approved by the relevant authority (TRA) to conduct the required skills assessment. Consequently, the Tribunal concluded that the applicant had not demonstrated his skills in the manner specified by the Minister, thus failing to meet the requirements of cl.457.223(4)(e). The Tribunal affirmed the delegate's decision not to grant the visa.