Kim (Migration)

The Administrative Appeals Tribunal considered an application by Mr Kim for a Temporary Skill Shortage (Class GK) visa, Subclass 482. The primary dispute concerned whether Mr Kim met the requirement of having worked in his nominated occupation or a related field for at least two years. The delegate had previously found this criterion was not met.

The Tribunal was required to determine if Mr Kim had satisfied Clause 482.231 of Schedule 2 to the Regulations, which mandates at least two years of full-time employment in the nominated occupation or a related field. This clause is linked to the ANZSCO description for the nominated occupation, which specifies a skill level commensurate with an AQF Associate Degree, Advanced Diploma, or Diploma, or at least three years of relevant experience as an alternative.

The Tribunal noted that while Mr Kim provided evidence of an Ontario College Diploma in culinary management from George Brown College, Canada, there was no evidence that this qualification met the specified Australian requirement for an AQF Associate Degree, Advanced Diploma, or Diploma. Although Mr Kim had submitted tax and employment documentation indicating relevant work experience, the Tribunal found that the qualification itself did not demonstrate compliance with the Australian standard. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that Mr Kim meets the criterion under Clause 482.231.