Park (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for an applicant nominated as a Chef. The primary dispute concerned whether the applicant had met the legislative requirement of having worked in the nominated occupation for at least two years.

The Tribunal was required to determine if the applicant had satisfied clause 482.231 of Schedule 2 of the Migration Regulations, which mandates at least two years of work experience in the nominated occupation or a related field, with all criteria needing to be met at the time of the decision. The Tribunal also considered the availability of the nominated position to the applicant.

The Tribunal found that the applicant had provided sufficient evidence to satisfy the work experience requirement. This included detailed pay slips from October 2021 to March 2024, demonstrating approximately 2.5 years of full-time work as a Chef, along with payroll activity statements and ATO taxation returns. Further supporting evidence included vocational qualifications (Certificate III and IV in Commercial Cookery) and a statement from the nominator, Civicflow Pty Ltd, confirming the applicant's role and its ongoing nature. The Tribunal also noted the general scarcity of chefs in the employment market, supporting the nominator's assertion of the position's continued availability.

Consequently, the Tribunal remitted the matter to the Minister for reconsideration, with a direction that the applicant had satisfied the criteria under clause 482.231 of Schedule 2 of the Regulations.