Ju (Migration)

This matter concerned an application for review of a delegate's decision to refuse a Temporary Skill Shortage (Class GK) visa (subclass 482) – medium-term stream. The applicant, a South Korean national, sought to demonstrate his eligibility for the visa by relying on his claimed work experience as a wall and floor tiler in South Korea. The primary dispute revolved around the applicant's ability to provide verifiable evidence of this employment, particularly in light of concerns raised by the Department regarding the lack of official records and tax declarations from his former employer.

The court was required to determine whether the applicant had satisfied the requirements of the visa, specifically concerning the provision of sufficient and verifiable evidence of his work experience and qualifications. This included assessing the weight to be given to an employment certificate and subsequent letters from his former employer, particularly when contrasted with the Department's findings that the employer had no records, paid the applicant in cash, and did not declare him as an employee to the tax office. The court also considered whether the applicant had adequately responded to requests for further information and whether he had lost the right to a hearing.

The court affirmed the delegate's decision, finding that the applicant had failed to provide sufficient verifiable evidence of his claimed work experience as a wall and floor tiler. The court noted that the former employer stated they had no records, paid the applicant in cash, and did not declare him to the tax office, casting significant doubt on the legitimacy and duration of the employment. Furthermore, the employer indicated that tiling constituted only about 50% of the applicant's duties, with many other tasks performed. Despite opportunities to provide further evidence, including in response to the delegate's concerns and during the review process, the applicant did not adequately substantiate his claims. The court concluded that the lack of verifiable employment details meant the essential requirements for the visa were not met.