Kim (Migration)

This matter concerned an appeal by a visa applicant against a decision to refuse a Temporary Business Entry (Class UC) visa, subclass 457. The nominated occupation was Chef (ANZSCO: 351311). The primary issue before the Tribunal was whether the applicant possessed the necessary skills, qualifications, and employment background to perform the tasks of a Chef, as required by clause 457.223(4)(da) of the relevant regulations.

The Tribunal was required to determine if the applicant's submitted qualifications, namely a Bachelor of Industrial Design Management, Diploma of Business Administration, and Advanced Diploma of Leadership and Management, were commensurate with the technical cooking skills required for the nominated occupation. Additionally, the Tribunal had to consider whether the applicant's stated employment experience as a Chef could substitute for formal qualifications, as permitted by the ANZSCO guidelines, and if the applicant had adequately demonstrated this experience, particularly in light of potential limitations due to a student visa condition restricting full-time employment.

The delegate had found that while the applicant's qualifications provided people management skills, they were not sufficient for the technical cooking requirements of a Chef. The delegate also noted that the applicant's resume indicated employment as a Chef since February 2015, but the exact period and nature of this experience were unclear due to the applicant's student visa status, which likely necessitated part-time work. Despite an opportunity to provide further evidence, such as references and payslips, no additional documentation was lodged. Consequently, the delegate was not satisfied that the applicant met the requirements of clause 457.223(4)(da).

The Tribunal concluded that the matter should be remitted for reconsideration. It directed that the first applicant be found to meet the criteria under clause 457.223(4)(da) of Schedule 2 to the Regulations, allowing the Minister to consider the remaining criteria for the Subclass 457 visa.