De Chavez (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr. De Chavez for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream. The dispute centred on whether Mr. De Chavez 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 primary legal issue before the Tribunal was to determine if Mr. De Chavez had satisfied the two-year work experience requirement for the nominated occupation of Sheetmetal Trades Worker. The delegate of the Department of Home Affairs had previously concluded that insufficient and conflicting information was provided, and that the evidence did not demonstrate the required two years of work experience in the nominated occupation or a related field.

The Tribunal reviewed evidence submitted by Mr. De Chavez, including an employment reference from Taylors Engineering & Welding Services and income statements. The Tribunal found that this evidence, which was not before the original delegate, established that Mr. De Chavez had worked full-time as a Sheetmetal Worker with Taylors Engineering & Welding Services since 17 August 2020. Consequently, the Tribunal was satisfied that Mr. De Chavez met the criterion in clause 482.231.

Based on these findings, the Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with the direction that Mr. De Chavez meets the criteria under clause 482.231 of Schedule 2 to the Regulations.