Catalane Benko (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, in the occupation of bricklayer. The applicant sought review of a delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant had met the requirement under clause 482.231 of Schedule 2 to the Migration Regulations 1994, which mandates at least two years of work experience in the nominated occupation or a related field. The delegate had found insufficient evidence of the applicant's claimed employment history, both in Australia and Brazil.

The Tribunal found that the applicant had provided substantial evidence in response to a request for further documentation. This included a statutory declaration from her employer's director, payroll records, and a breakdown of hours worked. The Tribunal accepted this evidence as demonstrating that the applicant had accumulated 3,762 hours of hands-on employment experience over approximately 99 weeks, which equated to more than the required two years of full-time employment. The employer's director also confirmed the applicant's skills and responsibilities, which were consistent with the nominated occupation.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant had met the work experience criteria under clause 482.231. The Minister was to consider the remaining criteria for the visa.