Shiva Global Pty Ltd (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage), short-term stream, for the nominated occupation of Signwriter. The review applicant, Shiva Global Pty Ltd, nominated the primary visa applicant, who is the brother-in-law of the company's Director. The Administrative Appeals Tribunal was required to determine whether the primary visa applicant possessed the necessary skills, qualifications, and employment background to perform the tasks of a Signwriter, as stipulated by clause 482.212(3) of the Migration Regulations.

The central legal issue before the Tribunal was the genuineness of the visa applicant's claimed nearly 11 years of work experience as a Signwriter. The Department had previously been unsatisfied that the applicant met the requirements of clause 482.212(3), a conclusion the Tribunal also reached after considering all the evidence. A significant point of contention was the outcome of attempts by an overseas visa officer to verify the applicant's claimed employment at Amrit Enterprises.

The Tribunal's reasoning focused on the unsatisfactory attempts to verify the claimed employment. During a phone call to a number associated with Amrit Enterprises, the person who answered identified himself as a student and disconnected the call when asked about the company. Multiple subsequent attempts to contact him from the same number were also unsuccessful, with the individual claiming to have recognised the number as a spam call. While submissions argued that the visa officer's failure to identify themselves initially led to this outcome, the Tribunal was not persuaded that the claimed employment was genuine, nor that the applicant possessed the necessary skills, qualifications, and employment background.

Consequently, as an essential requirement for the visa was not met, the Tribunal affirmed the decision not to grant the Temporary Skill Shortage (Class GK) visas.