Keay (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas, subclass 482, specifically the medium-term stream. The primary applicant sought to be recognised as a bricklayer, with two other applicants applying as members of the family unit. The case came before the Tribunal for reconsideration.

The central legal issues before the Tribunal were whether the requirements of clause 482.212 of Schedule 2 to the Regulations were met. This included determining if there was an approved nomination for the visa application, if the nominated position and the applicant's intention to perform that occupation were genuine, and if the applicant possessed the necessary skills, qualifications, and employment background for the nominated occupation.

The Tribunal found that the nomination was approved and made by an approved standard business sponsor, and that this nomination had not ceased. It was also satisfied that the applicant's intention to perform the nominated occupation of bricklayer was genuine, and that the position itself was genuine, given the applicant had worked for the nominator since 2019. Furthermore, the Tribunal was satisfied that the applicant possessed the requisite skills, qualifications, and employment background to perform the tasks of a bricklayer, and did not consider it necessary for the applicant to demonstrate specific skills beyond their extensive work experience in the occupation.

Consequently, the Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with a direction that the first applicant met the criteria under clause 482.212. The outcomes for the second and third applicants, who applied as family members, were to be determined by reference to the outcome of the first applicant's reconsideration.