Rivero (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Temporary Skill Shortage (Class GK) visa, subclass 482, short-term stream. The applicant sought to have the decision reviewed by the Tribunal.

The Tribunal was required to determine whether the applicant had complied with regulation 482.217, specifically in relation to PIC 4001, concerning the applicant's skills, qualifications, and employment background, and their English language proficiency. The core issues were whether the applicant possessed the necessary skills and qualifications for the nominated occupation and whether they had met the specified English language test requirements.

The Tribunal found that the applicant had not met the requirements of clause 482.212(3) as there was no evidence on file demonstrating the applicant's skills assessment, despite a formal request from the Department of Home Affairs. Furthermore, the applicant failed to satisfy clause 482.223(1) regarding English language proficiency, as no evidence of having met the requirements set out in IMMI 18/032, or any exemption, was provided to either the Department or the Tribunal. As essential requirements for the visa were not met, the Tribunal affirmed the decision not to grant the visa.