Kandel (Migration)

This matter concerned an application for review of a decision to refuse a Regional Employer Nomination (Permanent) (Class RN) visa, subclass 187 (Regional Sponsored Migration Scheme), direct entry stream. The applicant sought this visa for the occupation of Chef. The primary dispute revolved around whether the applicant possessed the necessary qualifications and experience to meet the criteria for the visa at the time of application.

The court was required to determine two key legal issues: firstly, whether the applicant possessed the necessary qualifications to undertake the skilled occupation of Chef, and secondly, whether the applicant had the requisite experience to fulfil the visa requirements. These determinations were to be made in light of the applicant's educational background, including a Certificate IV in Commercial Cookery obtained through Recognition of Prior Learning (RPL) and coursework, and their extensive employment history in various culinary roles.

The Tribunal found that the applicant met the criteria under cl 187.234 of Schedule 2 to the Migration Regulations 1994. The reasoning applied was that the applicant possessed a positive skills assessment, a Certificate IV in Commercial Cookery, and had accumulated sufficient relevant work experience, including part-time work calculated on a pro rata basis, to substitute for formal qualifications as permitted by ANZSCO guidelines. The Tribunal also noted that the applicant's experience, promotion, and role within the workplace, coupled with skills shortages in the regional area, supported the application. Consequently, the Tribunal remitted the application for reconsideration by the Minister.