Dairo (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage), medium-term stream, for the occupation of Pig Farmer. The applicant, Dairo, sought review of a decision concerning his eligibility for the visa. The case was heard by George Hallwood.

The central legal issue before the court was whether the applicant possessed the necessary skills, qualifications, and employment background to perform the tasks of a Pig Farmer, as required by clause 482.212(3) of the relevant regulations. This involved assessing whether the applicant's experience and training met the indicative skill level for the occupation as outlined in the Australian and New Zealand Standard Classification of Occupations (ANZSCO), which suggested a qualification commensurate with a bachelor's degree or at least five years of relevant experience.

The court considered the applicant's Certificate III in Pork Production and his extensive employment history, including over five years with his nominating employer, Cuballing Pork, and a prior role at Hillcroft Farms. Evidence was presented in the form of letters of support from a veterinary professional and directors of his employers, attesting to his skills. Furthermore, testimony at the hearing indicated the applicant's senior role, including training other staff and managing the farm operation in the owner's absence. The court found that the applicant met the criteria under cl 482.212 of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application for reconsideration, with a direction that the applicant meets the specified criteria for the Subclass 482 visa.