Moreto Goncalves (Migration)

The Administrative Appeals Tribunal considered the case of Moreto Goncalves concerning an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream. The applicant sought review of a decision relating to their eligibility for this visa, specifically in the occupation of Architect.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 482.231 of Schedule 2 to the Migration Regulations, which requires an applicant to have worked in the nominated occupation or a related field for at least two years. The Tribunal had to assess the provided employment reference letters, job description, and payslips against the ANZSCO tasks for an Architect to determine if the applicant's work experience met this criterion.

The Tribunal found that the applicant had provided sufficient evidence, including employment confirmation from Urban Link, payslips, and personal tax returns, to establish employment as an Architect from 1 November 2020. The provided job description outlined tasks such as collaborating with senior personnel, reviewing project deliverables, setting up projects, delivering training, preparing project documentation, CAD drafting, reviewing plans, and communicating with consultants. The Tribunal considered these tasks in light of the ANZSCO description for Architects, which involves designing buildings and landscapes, obtaining client advice, preparing project documentation, writing specifications, consulting on external areas, compiling site data, and inspecting construction work.

Ultimately, the Tribunal determined that the applicant met the criterion under clause 482.231. Consequently, the Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with the direction that the first named applicant satisfies the work experience requirement for a Subclass 482 visa.