JUNG (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision regarding a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The applicant sought to have their visa application reconsidered.

The Tribunal was required to determine whether the applicant met the requirements of clauses 457.223(4)(a) and 457.223(4)(da) of Schedule 2 to the relevant regulations. Clause 457.223(4)(a) pertains to the existence of an approved nomination for the applicant's occupation that has not ceased, while clause 457.223(4)(da) concerns whether the applicant possesses the necessary skills, qualifications, and employment background for the nominated occupation.

The Tribunal found that the applicant satisfied clause 457.223(4)(a) as an approved nomination for the occupation of Cook had been made and had not ceased. In assessing clause 457.223(4)(da), the Tribunal adopted an approach that considered the applicant's skills and their application to the nominated occupation, rather than a narrow matching exercise against the ANZSCO definition. The Tribunal was satisfied, based on evidence including the applicant's extensive employment experience and an attestation from their employer, that the applicant possessed the requisite skills and employment background to perform the tasks of a Cook. This evidence, which included additional documentation of work experience in Korea and Australia, was not before the original decision-maker.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant met the criteria under clauses 457.223(4)(a) and 457.223(4)(da). The Minister was to consider the remaining criteria for the Subclass 457 visa.