Varveropoulou (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Varveropoulou and her family, who sought review of a decision to refuse a Temporary Business Entry (Class UC) visa, subclass 457. The nominated occupation was Photographer. The Tribunal found the applicant to be credible and her evidence to be consistent.

The central legal issues before the Tribunal were whether the primary applicant met the requirements of clauses 457.223(4)(da) and 457.223(4)(e) of the Regulations. These clauses relate to the applicant possessing the necessary skills, qualifications, and employment background for the nominated occupation, and demonstrating those skills in the manner specified by the Minister if required. The nominated occupation, Photographer (ANZSCO 211311), is a Skill Level 1 occupation, where a bachelor's degree or at least five years of relevant experience may substitute for formal qualifications, and which requires high levels of creative talent or personal commitment and interest.

The Tribunal reasoned that the applicant had demonstrated a significant commitment to and interest in photography since 1989, including tertiary training with Leica, seven years of operating her own photography business in Greece, and continued informal photography work in Australia. The Tribunal was satisfied that her predominant function in her business was as a photographer, and that her experience and creative talent, in lieu of formal qualifications, met the requirements of the ANZSCO description for a Photographer. Consequently, the Tribunal concluded that the applicant met the criteria under clauses 457.223(4)(da) and 457.223(4)(e).

The Tribunal remitted the applications for reconsideration by the Minister, with the direction that the first named applicant met the specified criteria for a Subclass 457 visa.