Hongo (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – Medium-term stream, made by an applicant seeking to work as a Welder (First Class). The decision under review was made by the Department, which had refused the visa application. The case was heard by Penelope Hunter, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant possessed the necessary skills, qualifications, and employment background to perform the tasks of the nominated occupation, as required by clauses 482.212(3) and (4) of the Migration Regulations. Specifically, the Tribunal needed to determine if the applicant had demonstrated the skills necessary to perform the occupation in the manner specified by the Minister, particularly in light of a request for a Trades Recognition Australia (TRA) Skills Assessment.

The Tribunal reasoned that while the Department had initially sought a TRA Skills Assessment and received information indicating an unsuccessful outcome, subsequent evidence submitted by the applicant demonstrated a successful assessment. The applicant had paid for a re-assessment, and a TRA Skills Assessment Result Form dated 16 April 2024 confirmed that the applicant was successful for the nominated occupation of Welder (First Class). In light of this, the Tribunal was satisfied that the applicant met the requirements of clause 482.212(4).

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 482.212(4) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.