Qureshi (Migration)

The case involved an applicant seeking a Temporary Business Entry (Class UC) visa, Subclass 457. The primary dispute concerned whether the applicant possessed the necessary skills, qualifications, and employment background to perform the nominated occupation of a Cook, as required by clause 457.223(4)(da) of the relevant regulations. The matter was heard by a Member of the Tribunal.

The Tribunal was required to determine if the applicant met the criteria under clause 457.223(4)(da), which mandates that an applicant must have the skills, qualifications, and employment background considered necessary by the Minister to perform the tasks of the nominated occupation. The Tribunal also considered the indicative skill level and duties for a Cook as outlined in the ANZSCO, noting that the entry requirement for this occupation is typically an AQF Certificate III with at least two years of on-the-job training or an AQF Certificate IV.

In its reasoning, the Tribunal adopted an approach that moved beyond a narrow matching of tasks to an occupational definition, favouring an assessment of the applicant's skills and their application to the nominated role, consistent with the principles in *Joshi v Minister for Immigration and Multicultural and Indigenous Affairs* [2005] FMCA 1116. The Tribunal found that the applicant had satisfied the qualification requirements through evidence of completing a Certificate III and IV in Commercial Cookery via recognition of prior learning. Furthermore, based on work reference letters and testimony from the sponsoring business's Executive Chef, the Tribunal was satisfied that the applicant possessed substantial and relevant work experience, demonstrating the necessary skills and employment background for the nominated occupation.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a specific finding that the applicant met the criteria under clause 457.223(4)(da). The Minister was directed to consider the remaining criteria for the Subclass 457 visa.