Al-Saadi (Migration)

This matter concerned an application for review of a decision to refuse a Temporary Skill Shortage (Subclass 482) visa, Medium Term stream. The applicants were Mr Ahmed Arheem Hachem Al-Saadi, Mrs Ritha Holmqvist Al-Saadi, Mr Ali Ahmed Arheem Al-Saadi and Miss Tilda Zoe Holmqvist Johansson. The review was before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant, Mr Al-Saadi, had demonstrated the requisite two years of work experience in the nominated occupation of Carpenter, or a related field, as required by regulation 482.231 of the Migration Regulations 1994. The applicant's agent submitted that the applicant possessed in excess of three years of relevant work experience, supported by a Certificate III in Carpentry and a Contractor License.

The Tribunal considered the evidence provided by the applicant, including a reference letter from his employer, Zimba Formwork Pty Ltd, an employment contract, payslips, Australian tax returns and PAYG payment summaries, and evidence of his formal qualification and licensing. The agent argued that this evidence collectively demonstrated the applicant had at least two years of relevant work experience in the nominated occupation. The Tribunal noted that the ANZSCO classification for Carpenters and Joiners indicated a skill level commensurate with AQF Certificate III plus at least two years of on-the-job training, or at least three years of relevant experience as a substitute for formal qualifications.

The Tribunal found that the evidence provided, particularly the reference letter from Zimba Formwork Pty Ltd and the PAYG payment summaries, established that Mr Al-Saadi had been employed as a formwork carpenter for a period exceeding two years. Consequently, the Tribunal determined that the applicant had met the work experience requirement for the visa. The decision to refuse the visa was remitted to the Department for reconsideration.