Ramjuttun (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, by Mr Vijay Anand Ramjuttun, with his family members applying as members of the family unit. The primary dispute revolved around whether Mr Ramjuttun met the requirement under clause 482.231 of Schedule 2 to the Regulations, which mandates at least two years of work experience in the nominated occupation or a related field.

The legal issue before the Tribunal was to determine if Mr Ramjuttun had satisfied the requirement of having worked in the nominated occupation of Chef for at least two years. The delegate of the Department had previously been unsatisfied due to perceived inconsistencies in employment dates and references to the applicant working as a Cook, concluding that the applicant had not demonstrated the requisite two years of experience as a Chef.

The Tribunal considered the entirety of the information before it and found that Mr Ramjuttun had provided written evidence demonstrating full-time employment as a Chef with three separate employers since January 2017. This evidence, which included specific dates of employment with Byford & Districts Country Club Inc, RMW Group (Woodjack Pty Ltd), and Ocean View Tavern (Empire 6 Pty Ltd), was not available to the original delegate. Based on this evidence, the Tribunal was satisfied that Mr Ramjuttun had met the requirement of clause 482.231.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that Mr Ramjuttun meets the criteria under clause 482.231 for the Subclass 482 visa. The applications of the other family members would be determined by reference to the outcome of Mr Ramjuttun’s application upon remittal.