BERI (Migration)

This matter concerned an appeal by Mr N Beri against the decision of the Tribunal to affirm the refusal of his application for a Temporary Business Entry (Class UC) visa, subclass 457. The nominated occupation was cook. The primary issues before the Tribunal were whether Mr Beri met the requirements of clause 457.223(4)(a) and (da) of the Migration Regulations 1994.

The Tribunal was required to determine if there was an approved nomination of an occupation relating to the applicant by a standard business sponsor that had not ceased, and if the applicant possessed the necessary skills, qualifications, and employment background for the nominated occupation of cook. The Tribunal considered departmental policy, including the Australian and New Zealand Standard Classification of Occupations (ANZSCO), as a guide, noting that while not bound by it, consistency in decision-making warranted its consideration.

The Tribunal found that while a nomination approval had been granted on 10 August 2015, it had expired on 10 August 2016, and as at the date of the hearing, there was no approved nomination or pending application in respect of the applicant. Furthermore, the employer, Mers Family Trust, was no longer an approved sponsor, meaning they could not seek a new nomination approval without first being re-approved as a sponsor. Regarding the applicant's skills, qualifications, and employment background, the Tribunal noted his Bachelor of Arts and Bachelor of Laws degrees, but concluded that these did not satisfy the requirement for the skills, qualifications, and employment background necessary to perform the tasks of a cook as outlined in ANZSCO.

Consequently, the Tribunal affirmed the decision not to grant Mr Beri the visa, finding that the requirements for the standard business sponsorship stream had not been met. The Tribunal also noted it had no jurisdiction in relation to a separate review application made by Mrs Beri.