Morrissey (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, in the occupation of Engineering Technologist. The applicant sought review of a delegate's decision that he did not meet the visa requirements.

The primary legal issue before the Tribunal was whether the applicant had demonstrated he had worked in the nominated occupation or a related field for at least two years, as required by clause 482.231 of Schedule 2 to the Migration Regulations. The delegate had found insufficient evidence to satisfy this criterion, noting the absence of proof of employment with the current sponsor since July 2018.

The Tribunal found that the applicant's migration agent had made an oversight in not including an employment reference from the applicant's current sponsor, Pipeweld Labour Solutions Pty Ltd, with the initial visa application. However, subsequent submissions to the Tribunal included a letter of reference from Pipeweld Labour Solutions Pty Ltd, dated January 2020, confirming the applicant's full-time employment in the nominated role since July 2018. This, combined with the existing evidence of employment with Fleury Engineering from July to November 2017, satisfied the Tribunal that the applicant had worked in the nominated occupation for at least two years.

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant meets the work experience requirement under clause 482.231.