Janthanat (Migration)

This matter concerned an application for Temporary Business Entry (Class UC) visas, Subclass 457 (Temporary Work (Skilled)), made by Mrs Thitima Janthanat and her spouse, Mr Poowanai Janthanat. The dispute before the Tribunal, presided over by Member Karen McNamara, was whether Mrs Janthanat met the requirements of clause 457.223(4)(e) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if Mrs Janthanat had demonstrated the necessary skills for her nominated occupation as a Chef (ANZSCO- 351311), as required by clause 457.223(4)(e) of the Migration Regulations. This clause mandates that if the Minister requires an applicant to demonstrate their skills, they must do so in the manner specified by the Minister. The Tribunal also needed to consider the application of Mr Janthanat, which was dependent on the outcome of his spouse's application.

The Tribunal reasoned that upon receiving a Skills Assessment from VETASSESS, dated 8 April 2019, which confirmed Mrs Janthanat's successful assessment of her skills as a Chef, having regard to her Certificate IV in Commercial Cookery, the criterion in clause 457.223(4)(e) was met. The Tribunal noted that VETASSESS conducts these assessments on behalf of the Commonwealth through TRA. Consequently, the Tribunal concluded that the appropriate course of action was to remit the applications for reconsideration by the Minister, with a direction that Mrs Janthanat had met the requirements of clause 457.223(4)(e). Mr Janthanat's application would be determined by reference to the outcome of his spouse's application following this remittal.