Essale (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Labour Agreement) (subclass 482) visa made by Mohammad Essale, who was nominated for the position of Personal Care Assistant by his sponsor, Concept Care Disability Solutions Pty Ltd. The primary dispute concerned whether Mr. Essale met the work experience requirement stipulated in clause 482.242 of the Migration Regulations 1994.

The Tribunal was required to determine if Mr. Essale had accumulated at least two years of work experience in the nominated occupation or a related field. The applicant provided a history of his employment, including volunteer roles and positions as a Disability Support Worker in Australia. A delegate had previously found that only work experience accrued within the past five years was acceptable, a position that was challenged by the applicant's subsequent submissions.

The Tribunal reasoned that the applicant's employment history, particularly his role as a Disability Support Worker at Concept Care from 12 April 2019 to the date of the letter in April 2024, satisfied the requirement of having worked in the nominated occupation for at least two years. This conclusion was supported by the documentation provided, including a letter from his employer, a contract of employment, payslips, and superannuation and ATO records, which collectively demonstrated continuous and relevant employment. The Tribunal found that the applicant met criterion 482.242(a) of Schedule 2 to the Regulations.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with the direction that the applicant meets the work experience criteria for the Subclass 482 visa. The Minister is to consider the remaining criteria for the visa grant.