Banatao (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, short-term stream, for the occupation of Cook. The applicant sought review of a decision that had refused to grant the visa. The primary issue before the Tribunal was whether the applicant met the requirements of clause 482.212(3) of Schedule 2 to the Regulations, which pertains to the applicant's skills, qualifications, and employment background necessary to perform the tasks of the nominated occupation.

The Tribunal was required to determine if the applicant possessed the requisite skills, qualifications, and employment background for the nominated occupation of Cook, as defined by the Australian and New Zealand Standard Classification of Occupations (ANZSCO). ANZSCO specifies that a Cook typically requires an AQF Certificate III with on-the-job training, or an AQF Certificate IV, with at least three years of relevant experience potentially substituting for formal qualifications. The Tribunal had to assess the applicant's submitted evidence, including his Certificate IV in Commercial Cookery and Diploma of Hospitality, against these requirements, as well as his declared work experience.

The Tribunal found that the applicant held a Certificate IV in Commercial Cookery, which met the Skill Level 3 requirement for a Cook according to ANZSCO. Furthermore, the applicant possessed a Diploma of Hospitality, which exceeded the formal qualification threshold. The Tribunal also considered the applicant's employment history, including part-time work at Deckchair Café, full-time work at Fiorita Deli, Café & Restaurant, and over four years of full-time employment as a Cook with his prospective sponsoring employer, SBR Management Pty Ltd. Based on this evidence, the Tribunal was satisfied that the applicant met the criteria under clause 482.212(3).

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant had met the criteria specified in clause 482.212(3) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.