SEPULVEDA ARROYO (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Temporary Business Entry (Class UC) visa, Subclass 457. The core dispute revolved around whether the applicant met the requirements of clause 457.223(4)(da) of the Migration Regulations, which mandates that an applicant possess the necessary skills, qualifications, and employment background for the nominated occupation. In this instance, the nominated occupation was Cook.

The Tribunal was required to determine if the applicant had demonstrated sufficient skills, qualifications, and employment history to perform the duties of a Cook, as guided by the Australian and New Zealand Standard Classification of Occupations (ANZSCO). Specifically, the Tribunal needed to assess the applicant's Certificate IV in Commercial Cookery obtained through recognition of prior learning, and their employment experience as a Cook.

The Tribunal reasoned that ANZSCO, which indicates a skill level commensurate with an AQF Certificate III with on-the-job training or an AQF Certificate IV for Cooks, was an appropriate benchmark. It accepted the applicant's Certificate IV in Commercial Cookery, obtained via recognition of prior learning, as satisfying the qualification requirement. Furthermore, the Tribunal was satisfied with the applicant's employment background as a Cook since August 2013. Despite these findings, the Tribunal noted concerns regarding the applicant's hours of work and remuneration, which were significantly less than indicated in the nomination approval.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration. The remittal was accompanied by a direction that the applicant met the criteria under clause 457.223(4)(da) for a Subclass 457 visa, while leaving the consideration of remaining criteria, including the validity of the nomination, to the Minister.