CHONG (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), for the nominated occupation of Cook. The applicant sought review of a decision concerning their skills, qualifications, and employment background for the nominated occupation. The case was heard by Michelle East.

The primary legal issue before the Tribunal was whether the applicant possessed the requisite skills, qualifications, and employment background to perform the tasks of a Cook, as required by clause 457.223(4)(da) of the Migration Regulations. The Tribunal considered the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for Cooks, acknowledging it was not binding but useful for informing its assessment of the applicant's suitability.

The Tribunal reasoned that assessing an applicant's suitability for a nominated occupation requires more than a simple matching exercise against ANZSCO definitions. Instead, it involves ascertaining the applicant's skills and how they are applied in the nominated role, following the principle in *Joshi v Minister for Immigration and Multicultural and Indigenous Affairs* [2005] FMCA 1116. The Tribunal noted that ANZSCO indicated a Skill Level 3 for Cooks, typically requiring an AQF Certificate III with two years of on-the-job training, an AQF Certificate IV, or at least three years of relevant experience. The applicant had not provided sufficient documentary evidence of their skills or experience in their initial application, and the subsequent submission of photographs of the applicant in a cook's uniform was deemed insufficient to satisfy the evidentiary requirements.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criterion under clause 457.223(4)(da) of Schedule 2 to the Regulations.