Simple (Migration)

The Administrative Appeals Tribunal reviewed a decision by the Minister to cancel the applicant's Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The dispute centred on whether the applicant had complied with a condition of her visa, which required her to work only in the occupation listed in her most recently approved nomination. The applicant had been nominated for and granted a visa to work as a 'Café or Restaurant Manager' for Zaxaroplatio Pty Ltd.

The primary legal issue before the Tribunal was whether the applicant had complied with visa condition 8107, which stipulated that she must work only in the nominated occupation. This required the Tribunal to determine if the applicant's actual duties performed at the restaurant aligned with the tasks typically associated with a Café or Restaurant Manager, as defined by the Australian and New Zealand Standard Classification of Occupations (ANZSCO). The Tribunal had to assess the evidence presented, including departmental site visit reports and the applicant's oral and written testimony, to ascertain whether the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) had been established.

The Tribunal considered the ANZSCO description of a Café or Restaurant Manager, which includes duties such as planning menus, organising functions, managing stock and finances, ensuring compliance with health regulations, conferring with customers, and supervising staff. After carefully reviewing the applicant's evidence, the Tribunal was satisfied that she had performed many of these duties, including menu planning, organising special functions, maintaining stock levels, ensuring the dining facilities were presentable, interacting with customers, training and supervising wait staff, and assisting with reservations and orders. The Tribunal concluded that the applicant possessed a thorough knowledge of the restaurant's staffing and operational matters.

Consequently, the Tribunal was not satisfied that the ground for cancellation under section 116(1)(b) of the Migration Act 1958 (Cth) had been made out. The Tribunal therefore set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 457 visa. The Tribunal noted it had no jurisdiction concerning a second applicant.