Sharp (Migration)

This matter concerned an appeal by Charlotte Victoria Sharp against a decision regarding her application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The core dispute revolved around whether Ms. Sharp possessed the necessary skills, qualifications, and employment background to be considered a Cafe or Restaurant Manager, as required by clause 457.223(4)(da) of Schedule 2 to the Regulations. The delegate had previously determined that Ms. Sharp's experience was more akin to a customer service representative or waiter with limited supervisory duties, rather than a manager.

The Tribunal was required to determine if Ms. Sharp met the criteria under clause 457.223(4)(da) of Schedule 2 to the Regulations, specifically concerning her skills, qualifications, and employment background for the nominated occupation of Cafe or Restaurant Manager (ANZSCO 141111). This involved assessing the comparability of her past work experience against the duties and skill level outlined in the Australia and New Zealand Standard Classification of Occupations (ANZSCO) for this role.

The Tribunal considered the ANZSCO guidelines, which indicate that a Cafe or Restaurant Manager typically requires an AQF Associate Degree, Advanced Diploma, or Diploma, or at least three years of relevant experience. While Ms. Sharp had no formal qualifications in the nominated occupation, the Tribunal acknowledged her work experience as a Manager at the Nixon Hotel in Melbourne. However, it also noted issues with a reference letter from her previous employer, The Showground Table Table, regarding the referee's authority. Despite these concerns, the Tribunal found that Ms. Sharp had demonstrated sufficient experience, particularly her 3.5 years of recent experience in a managerial role, to satisfy the criteria for the nominated occupation.

Consequently, the Tribunal remitted the visa application for reconsideration by the Minister, with a direction that Ms. Sharp meets the requirements of clause 457.223(4)(da) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the Subclass 457 visa.