MASSERA (Migration)

This matter concerned an application for review of a delegate of the Minister for Immigration's decision to refuse a Temporary Business Entry (Class UC) Subclass 457 visa. The applicant lodged the visa application on 27 January 2016, and the delegate refused the visa on 13 February 2017. The refusal was based on the delegate's assessment that the applicant did not possess the necessary skills, qualifications, and experience for the nominated occupation of Cook (ANZSCO 351411), thus failing to meet criterion cl.457.223(4)(da) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.457.223(4)(da), which mandates that an applicant must have the skills, qualifications, and employment background necessary to perform the tasks of the nominated occupation. Additionally, the Tribunal considered cl.457.223(4)(e), which requires the applicant to demonstrate the necessary skills if requested by the Minister. The nominated occupation was Cook, ANZSCO 351411.

The Tribunal reasoned that the applicant had provided a Certificate IV in Commercial Cookery, obtained on 1 August 2017, which was after the delegate's decision. This qualification, according to the ANZSCO requirements for a Cook, indicated that the applicant now met the educational criteria for the role. The Tribunal also noted that even in the absence of this specific Australian Qualifications Framework recognised qualification, the applicant would likely meet the requisite period of experience working in the role. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration.