Pise (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision to refuse a Temporary Business Entry (Class UC) visa, subclass 457. The applicant sought to be employed as a Cook. The primary issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(e) of the Migration Regulations 1994, which pertains to demonstrating the necessary skills for the nominated occupation when required by the Minister.

The Tribunal was required to determine if the applicant had provided sufficient evidence of the skills, qualifications, and employment background necessary for the nominated occupation of Cook, particularly in light of requests from the Department for a TRA 457 Skills Assessment, which was not provided. The Tribunal also had to consider whether the applicant had adequately demonstrated the required skills in the manner specified by the Minister, as per clause 457.223(4)(e).

The Tribunal noted that the delegate had repeatedly requested a TRA 457 Skills Assessment, but none was provided. While the applicant presented educational certificates and some employment evidence, including a Bachelor of Hotel Management and Catering Technology, the Tribunal found that this did not satisfy the requirement for a TRA skills assessment when it had been specifically requested. The Tribunal acknowledged the applicant's submissions referencing ANZSCO for Cooks but reiterated that ANZSCO is only a guide and that a specific skills assessment may be required. The Tribunal concluded that the applicant had not met the requirements of clause 457.223(4)(e) due to the lack of the requested skills assessment.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Temporary Business Entry (Class UC) visa, subclass 457, finding that the requirements for the standard business sponsorship stream had not been met.