Ferrand (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) by an applicant seeking to work as a landscape gardener. The primary dispute concerned whether the applicant had met the requirement of having worked in the nominated occupation or a related field for at least two years, as stipulated by clause 482.221 of the Regulations. The delegate had refused the visa application due to insufficient evidence of this work experience, despite requests for further information.

The legal issue before the Tribunal was to determine if the applicant had provided sufficient evidence to satisfy the two-year work experience requirement for the Subclass 482 visa. The applicant claimed to have provided extensive documentation to a former representative, which was allegedly not forwarded to the Department. The Tribunal noted that the applicant had not provided any additional information to the Tribunal that had not already been before the delegate.

The Tribunal reasoned that while the applicant claimed to possess the necessary documentation, including payslips, taxation documents, and client invoices, these had not been presented to either the Department or the Tribunal. The Tribunal acknowledged the applicant's assertion that his representative failed to submit these documents. Given the applicant's representation that he has these documents readily available and the circumstances surrounding their non-submission, the Tribunal decided to remit the matter for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria under clause 482.221 of Schedule 2 to the Regulations, allowing for a review of the remaining visa criteria.