Kanevskiy (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Kanevskiy for a Subclass 187 (Regional Sponsored Migration Scheme) visa. The applicant sought review of a decision to refuse his visa application, which was based on his nominated occupation as a Chef de Partie.

The primary legal issue before the Tribunal was whether the applicant's nominated occupation as a Chef de Partie met the requirements of the relevant migration regulations. Specifically, the Tribunal had to determine if the nominated occupation was genuine and if the applicant possessed the necessary skills and experience for that role.

The Tribunal found that the applicant did meet the criteria under cl.187.233(3) of Schedule 2 to the Regulations in relation to his nominated occupation. Consequently, the Tribunal remitted the visa application back to the Minister for reconsideration, with a direction that the applicant satisfies this specific criterion. The Minister is to consider the remaining criteria for the visa.