Nathi (Migration)

This case concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)), for the nominated occupation of Pastrycook. The applicant failed to provide a required skills assessment result from Trades Recognition Australia, despite being given an opportunity to do so by both the delegate and the Tribunal. The Tribunal ultimately affirmed the decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(e) of the Migration Regulations 1994, which mandates that an applicant must demonstrate the necessary skills for the nominated occupation in the manner specified by the Minister, if so required. The delegate had specifically required a skills assessment result from Trades Recognition Australia.

The Tribunal reasoned that it was not required to indefinitely adjourn its decision-making process, referencing established case law including *Huo v Minister for Immigration and Multicultural Affairs*, *Manna v Minister for Immigration and Citizenship*, *Minister for Immigration and Citizenship v Li*, *Minister for Immigration and Border Protection v Singh*, and *Kaur v Minister for Immigration and Border Protection*. Despite being invited to provide the skills assessment result by 6 April 2021, the applicant's representative informed the Tribunal on 8 April 2021 that the applicant had not achieved the assessment. As the required information was not forthcoming and the applicant had been afforded a fair opportunity to provide it, the Tribunal concluded that the visa requirements had not been met.