Dal Corso (Migration)

The Administrative Appeals Tribunal considered an application by Ms Dal Corso for a Temporary Skill Shortage (Class GK) visa, Subclass 482, in the short-term stream. The nominated occupation was Accommodation and Hospitality Manager (nec). The dispute concerned whether Ms Dal Corso met the requirements for the visa, specifically in relation to her experience and the genuineness of the position.

The Tribunal was required to determine if the applicant possessed at least two years of relevant experience in the nominated occupation and if the position itself was genuine. The applicant provided evidence of a sommelier course and prior employment as a waitress, progressing to supervisor and then Venue Manager. The nominating sponsor, Mr Cedric Bardou, provided details of the business, Five Seasons Development Group Pty Ltd, which operates three nightclub venues. He also provided a contract of employment for Ms Dal Corso as Venue Manager, an organisational chart showing her reporting structure and staff supervision, and a detailed schedule of her duties.

The Tribunal found that the applicant met certain criteria for the Subclass 482 visa, specifically those relating to her employment and the nature of her role as Venue Manager. The evidence presented, including the contract of employment and the detailed list of responsibilities, supported the conclusion that she was engaged in a role consistent with the nominated occupation and that the position was genuine. The Tribunal noted that the applicant was responsible for various aspects of the business, including staff management, operational oversight, and compliance.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant meets the criteria specified in clauses 482.221 and 482.212 of Schedule 2 to the Regulations. This means the Minister is to consider the remaining visa criteria in light of the Tribunal's findings.