Hernandez Ocampo (Migration)

The matter before the Tribunal concerned an application for a Temporary Business Entry (Class UC) – Subclass 457 (Temporary Work (Skilled)) visa. The primary issue was whether the first named applicant met the requirements of clause 457.223(4)(da) of the Migration Regulations 1994, which mandates that an applicant possess the necessary skills, qualifications, and employment background for the nominated occupation. The nominated occupation was Café or Restaurant Manager (ANZSCO 141111).

The delegate had refused the visa application, finding that a written reference from the applicant's previous employer in Colombia could not be verified due to the sale of the business. The applicant, however, provided evidence to the Tribunal, including her own testimony about her prior employment as a Café or Restaurant Manager in Colombia from 2009 to 2012, and a Diploma of Hospitality. Furthermore, Mr. Theophylactou, a director of the nominating company, testified that the applicant had been employed as a Restaurant Manager since 2013 and managed one of their three Melbourne CBD restaurants, performing duties commensurate with the nominated occupation.

The Tribunal found both the first named applicant and Mr. Theophylactou to be credible witnesses and accepted their evidence. Based on this oral and documentary evidence, the Tribunal was satisfied that the applicant possessed the requisite skills, qualifications, and employment background for the nominated occupation. Consequently, the Tribunal remitted the applications for reconsideration by the Minister, with a direction that the first named applicant met the criteria under clause 457.223(4)(da).