Aroma Enterprises Pty Ltd atf Tamana Family Trust (Migration)

This matter concerned an appeal by Aroma Enterprises Pty Ltd atf Tamana Family Trust (the applicant) against the refusal of a Temporary Business Entry (Class UC) visa, Subclass 457. The core of the dispute revolved around whether the applicant met the criteria relating to the nominated occupation of Chef, specifically concerning their skills, qualifications, and employment background. The decision was made by a Tribunal.

The legal issues before the Tribunal were whether the applicant satisfied the requirements of subclauses 457.223(4)(a), 457.223(4)(da), and 457.223(4)(e) of Schedule 2 to the Migration Regulations. Subclause 457.223(4)(a) concerns whether an approved nomination has ceased or been withdrawn, while subclauses 457.223(4)(da) and 457.223(4)(e) relate to the applicant possessing the necessary skills, qualifications, and employment background for the nominated occupation, and demonstrating these skills if required by the Minister.

The Tribunal found that the nomination for the applicant's occupation of Chef had not ceased or been withdrawn, thus satisfying clause 457.223(4)(a). Crucially, the Tribunal considered new evidence presented by the applicant, including a Diploma of Hospitality Management and employment records demonstrating work as a Chef since April 2017. This evidence indicated that the applicant now possessed a qualification at the indicative Skill Level 2 of the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for Chefs, and had gained the necessary employment experience in the nominated role.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the visa applicant met the criteria under subclauses 457.223(4)(a), 457.223(4)(da), and 457.223(4)(e).