Zafeiridis (Migration)

This matter concerned a review application before the Tribunal concerning a Temporary Business Entry (Class UC) visa, Subclass 457. The primary dispute revolved around whether the applicant possessed the requisite skills, qualifications, and employment background to perform the nominated occupation of Pastry Cook, as stipulated by clause 457.223(4)(da) of the relevant regulations.

The Tribunal was required to determine if the applicant met the criteria under clause 457.223(4)(da), which mandates that an applicant must have the skills, qualifications, and employment background necessary for the nominated occupation. Additionally, the Tribunal considered clause 457.223(4)(e), which pertains to the applicant demonstrating necessary skills if required by the Minister. The nominated occupation was Pastry Cook (ANZSCO 351112), with an entry requirement of AQF Certificate III plus two years of on-the-job training, or AQF Certificate IV.

The Tribunal reasoned that assessing an applicant's suitability for a nominated occupation requires more than a simple matching of tasks against an ANZSCO definition; it necessitates ascertaining the applicant's skills and how they are applied in the role, referencing the principle in *Joshi v Minister for Immigration and Multicultural and Indigenous Affairs* [2005] FMCA 1116. While the applicant initially failed to provide satisfactory documentary evidence to the Department, they subsequently presented a Certificate IV in Patisserie obtained through recognition of prior learning, a reference letter attesting to their skills and employment since August 2015, and a Certificate III in Hospitality (patisserie) awarded in 2012, along with further work experience evidence not previously before the delegate. Based on this comprehensive evidence, the Tribunal was satisfied that the applicant met the requirements of clause 457.223(4)(da) at the time of its decision.

Consequently, the Tribunal remitted the applications for the Temporary Business Entry (Class UC) visa to the Minister for reconsideration, with a specific direction that the first named applicant meets the criteria under clause 457.223(4)(da) for a Subclass 457 visa. The Minister was to consider the remaining criteria for the visa.