Scala (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage), medium-term stream, for the nominated occupation of Carpenter. The applicant's eligibility under clause 482.212(3) of Schedule 2 to the Regulations, which requires the applicant to possess the necessary skills, qualifications, and employment background for the nominated occupation, was in dispute. The Administrative Appeals Tribunal (the Tribunal) considered the applicant's skills, qualifications, and employment history, including evidence presented after the initial delegate's decision.

The central legal issue before the Tribunal was whether the applicant had demonstrated, at the time of the delegate's decision, the requisite skills, qualifications, and employment background to perform the tasks of a Carpenter, as defined by ANZSCO 331212. The delegate had previously found insufficient evidence to support the applicant's employment claims, particularly in lieu of formal qualifications, and concluded that the applicant had not met the minimum three years of relevant employment experience. The Tribunal was required to determine if the additional evidence, including employment contracts, income statements, and oral testimony from the applicant, his employer, and a colleague, sufficiently established the applicant's suitability for the nominated occupation.

The Tribunal reasoned that the information presented at the hearing and subsequently provided by the applicant, which was not available to the original delegate, established that the applicant had been employed as a Carpenter with Coco Building Group Pty Ltd since March 2021. This included a period of engagement as a subcontractor prior to his current employment. Based on this comprehensive evidence, the Tribunal was satisfied that the applicant possessed the necessary skills and experience to perform the tasks of a Carpenter and therefore met the requirements of clause 482.212(3).

Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant satisfied the criteria under clause 482.212(3) of Schedule 2 to the Regulations. The Minister was to consider the remaining criteria for the visa.