Cung (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for the nominated occupation of Chef. The applicant sought review of a decision concerning their eligibility for the visa. The Tribunal, constituted by C. Packer, considered the evidence presented by the applicant.

The primary legal issue before the Tribunal was whether the applicant had met the requirement under clause 482.231 of Schedule 2 to the Regulations, which mandates that an applicant must have worked in the nominated occupation or a related field for at least two years. The applicant provided payslips, a reference letter, and ATO income statements as evidence of their employment history.

The Tribunal reasoned that while there were uncertainties regarding the applicant's experience in 2021 and early 2022 due to COVID-19 interruptions, the provided documentation, including payslips from April 2022 to April 2024 and a reference letter confirming employment as a chef from June 2021, satisfied the requirement. The Tribunal was satisfied that the applicant had worked full-time as a chef from at least April 2022 to April 2024, and that the duties outlined in the reference letter were consistent with those of a chef. Consequently, the Tribunal found that clause 482.231 was met.

The Tribunal decided to remit the application for reconsideration by the Minister, with a direction that the applicant had met the criteria specified in clause 482.231. The Minister was to consider the remaining criteria for the visa.