NOLAN (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream. The dispute centred on whether the applicant possessed the necessary skills, qualifications, and employment background to perform the duties of a Drainer, as required for the nominated position by their sponsor, KANE CIVIL PTY LTD.

The primary legal issue before the Tribunal was to determine if the applicant's skills, qualifications, and employment history met the requirements stipulated by the Australian and New Zealand Standard Classification of Occupations (ANZSCO) for the occupation of Drainer (334113). ANZSCO specifies an indicative skill level commensurate with an AQF Certificate III with at least two years of on-the-job training, or an AQF Certificate IV or higher qualification, with at least three years of relevant experience potentially substituting for formal qualifications.

The Tribunal found that the applicant had not provided sufficient evidence to satisfy the ANZSCO requirements. The applicant's highest declared qualification was "other," and their CV indicated a "High School Diploma," which was not equivalent to the specified AQF Certificate III or IV. Furthermore, the applicant declared less than two years of experience in a similar position, failing to meet the alternative requirement of at least three years of relevant experience. Despite the Department's request for further information, no additional evidence was provided to the Tribunal, and the applicant declined a hearing invitation. Consequently, the Tribunal affirmed the decision not to grant the visa.