Atkinson (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage), short-term stream, for the nominated occupation of Cook. The primary issue before the Tribunal was whether the first named applicant possessed the necessary skills, qualifications, and employment background to perform the tasks associated with the nominated occupation. The Tribunal was required to assess the applicant's credentials against the requirements of clause 482.212(3) of Schedule 2 to the Regulations, which mandates that an applicant must have the skills, qualifications, and employment background necessary for the nominated occupation.

The Tribunal considered the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for Cook (351411), which indicates that the occupation is commensurate with an AQF Certificate III, including at least two years of on-the-job training, or an AQF Certificate IV, with a provision that at least three years of relevant experience may substitute for formal qualifications. In response to the Tribunal's request for further information, the applicants provided evidence of the first named applicant's completion of a Certificate III in Commercial Cookery, photographs of him working, a job description, and a reference from his sponsoring employer detailing his employment since February 2017 and the tasks performed. After careful consideration of this documentation, the Tribunal was satisfied that the first named applicant met the requirements of clause 482.212(3).

Consequently, the Tribunal decided to remit the applications for reconsideration by the Minister. The remittal was directed with the finding that the first named applicant satisfied the criteria under clause 482.212(3) for the Subclass 482 visa, allowing the Minister to proceed with assessing the remaining visa criteria, including those pertaining to the secondary applicant.