Durante (Migration)

[2025] ARTA 2241

DURANTE (MIGRATION) [2025] ARTA 2241 (18 JULY 2025)

DECISION AND  

REASONS FOR DECISION

Applicants:Mr Francesco Durante
Ms Alessandra Stefanutti

Respondent:  Minister for Immigration and Citizenship

Tribunal Number:  2301322

Tribunal:General Member S Aster

Place:Melbourne

Date:  18 July 2025

Decision:The Tribunal remits the application for Temporary Skill Shortage (Class GK) visas for reconsideration, with the direction that the first named applicant meets cl 482.212(3) of Schedule 2 to the Migration Regulations 1994 (Cth).

Statement made on 18 July 2025 at 1:32pm

CATCHWORDS

MIGRATION – Temporary Skill Shortage (Class GK) visa – Subclass 482 (Temporary Skill Shortage) – Medium-term stream – occupation of Motor Mechanic – skills, qualifications and employment background for the nominated occupation – three years of relevant work experience – decision under review remitted    

LEGISLATION

Migration Act 1958 (Cth), s 65
Migration Regulations 1994, Schedule 2, cl 482.212

STATEMENT OF REASONS

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Home Affairs on 16 January 2023 to refuse to grant the visa applicant a GK – Temporary Skill Shortage (Class GK) Subclass 482 visa under s 65 of the Migration Act 1958 (Cth) (the Act).

2. The visa applicant applied for the visa on 9 September 2022. At that time, Class GK contained one subclass: Subclass 482 (Temporary Skill Shortage). The criteria for a Subclass 482 visa are set out in Part 482 of Schedule 2 to the Migration Regulations 1994 (Cth) (the Regulations). Applicants seeking to satisfy the primary criteria for the visa must meet the ‘Common criteria’ and the criteria of one of three alternative streams: the Short-term stream, the Medium-term stream, or the Labour Agreement stream. In this case, the applicant is seeking the visa in the Medium-term stream to work as a Motor Mechanic, sponsored by 28 Bourke Road Pty Ltd.

3. The delegate in this case was not satisfied that the applicant had the skills, qualifications and employment background necessary to perform the tasks of the nominated occupation and refused to grant the visa.

4. The applicants appeared before the Tribunal by video on 18 July 2025 to give evidence and present arguments. The Tribunal also received oral evidence from William MacMahon, Director of 28 Bourke Road Pty Ltd. The Tribunal hearing was conducted with the assistance of an interpreter in the Italian and English languages.

5. The applicants were represented in relation to the review.

6. For the following reasons, the Tribunal has decided that the matter should be remitted for reconsideration.

   CONSIDERATION OF CLAIMS AND EVIDENCE

7. Clause 482.212(3) of Schedule 2 to the Regulations requires the applicant to have the skills, qualifications and employment background necessary to perform the tasks of the nominated occupation.

8. The Occupation Standard Classification for Australia sets out that a Motor Mechanic (or Automotive Technician) maintains, tests and repairs petrol engines and the mechanical parts of lightweight motor vehicles such as transmissions, suspension, steering and brakes. The occupation is classified as a Skill Level 3. Skill Level 3 occupations have a level of skill commensurate with AQF Certificate III, which includes at least two years of on-the-job training, or AQF Certificate IV. At least three years of relevant experience may substitute for the formal qualification.

9. The applicant was sponsored to work in the position by 28 Bourke Road Pty Ltd, which operates Sydney City Tyres. He holds a Vocational Training Certificate as a ‘Motor Vehicle Repairs Worker and Autobody Repairer’, issued by ENAIP Friuli Venezia Giulia in Italy. At the hearing, the applicant confirmed that the qualification was gained through a vocational pathway to complete high school. The Tribunal determined that the qualification is not the equivalent of an AQF Certificate III or IV and went on to consider the applicant’s relevant work experience.

10. The applicant commenced work at Sydney City Tyres in 2022. There was originally some confusion regarding his commencement date, which has since been resolved to the Tribunal’s satisfaction.

11. The applicant supplied the Tribunal with a letter from Mr Thomas Ryan, Managing Director Sydney City Tyres, dated 10 July 2025. Mr Ryan stated that the applicant had been employed since 6 July 2022. He described the business as focused on high-quality automotive services, encompassing all aspects of mechanical repair and maintenance as well as light to medium body repairs. The Tribunal accepts that Sydney City Tyres started life as a tyre fitting business but has since expanded to provide a broad range of auto technician and panel beating services.

12. An earlier letter from Mr Ryan was supplied to the Department at the time the visa application was being assessed. In that letter, Mr Ryan said the applicant had been employed since October 2022. In the most recent submissions, the applicant’s representative advised that date was an error.

13. At the hearing, Mr MacMahon gave evidence that he is a newly appointed company director. He was unsure how the mistaken date came about. To confirm the applicant’s commencement date, he checked company payroll records, Australian Taxation Office (ATO) records and superannuation records and was confident that wages, tax and superannuation had all been paid in respect to the applicant for work performed prior to October 2022.

14. A copy of the applicant’s ATO income record for 2022-2023 (reporting payment of the full annual salary of $96,668) and the applicant’s first payslip, issued for the period 6 to 12 July 2022, were provided to the Tribunal as evidence of his commencement of employment in July 2022. The Tribunal accepts that the applicant commenced work at Sydney City Tyres in July 2022.

15. Prior to commencing at Sydney City Tyres, the applicant had experience working as a panel beater. The Tribunal acknowledges that motor mechanics and panel beaters are distinct jobs with discrete tasks. However, it accepts that the work of a panel beater and a mechanic are related within a mixed service business. The Tribunal is satisfied that the applicant has since gained an additional three years’ experience undertaking a broader range of tasks that fall within the definition of Motor Mechanic within the Occupation Standard Classification for Australia and notes that a tyre fitting business would ordinarily require an employee with experience in suspension, steering and brakes.

16. The Tribunal finds that the applicant has skills, qualifications and employment background necessary to perform the tasks of a Motor Mechanic.

17. Given these findings, the appropriate course is to remit the matter to the Minister to consider the remaining criteria for the visa.

    DECISION

18. The Tribunal remits the application for a Temporary Skill Shortage (Class GK) visa for reconsideration, with the direction that the first named applicant meets cl 482.212(3) of Schedule 2 to the Migration Regulations 1994 (Cth).

    Date of hearing:  18 July 2025

    Representative for the Applicant:           Ms Cristina Desiree Clear (MARN: 2015781)