Wadhwa (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work (Skilled)). The applicant's nominated occupation was Cook.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 457.223(4)(e) of the Migration Regulations. This clause mandates that if the Minister requires an applicant to demonstrate their skills for an occupation, the applicant must do so in the manner specified by the Minister.

The Tribunal noted that the applicant had been requested by the Departmental delegate to have his skills assessed by Trades Recognition Australia to demonstrate his competency as a Cook. However, the applicant elected not to undertake this assessment, instead relying on prior learning. The Tribunal subsequently sought further information from the applicant regarding this assessment, but no response was received. In the absence of evidence satisfying the Tribunal that the applicant possessed the necessary skills in the manner specified by the Minister (through Trades Recognition Australia), the Tribunal concluded that the applicant had failed to meet the requirements of clause 457.223(4)(e).

Consequently, the Tribunal affirmed the original decision not to grant the applicant the Temporary Business Entry (Class UC) visa.