Som (Migration)

The applicant, Som, sought judicial review of a decision made by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning his application for a Temporary Skill Shortage (TSS) (Class GK) visa, subclass 482, under the medium-term stream. The nominated occupation was Wall or Floor Tiler. The core of the dispute revolved around whether the applicant met the requirements for the visa, specifically concerning his work experience and skills.

The Federal Circuit and Family Court of Australia was required to determine whether the delegate's decision to refuse the visa application was affected by jurisdictional error. This involved assessing whether the delegate had properly considered the evidence presented by the applicant regarding his employment history and his capacity to perform the duties of a Wall or Floor Tiler, as required by the relevant legislative provisions and policy guidelines.

The Court found that the delegate had failed to adequately consider the applicant's evidence demonstrating he had worked in the nominated occupation for at least two years and possessed the requisite skills and employment background. The delegate's assessment was found to be based on an incomplete or erroneous understanding of the evidence, leading to a jurisdictional error. Consequently, the Court remitted the decision to the delegate for redetermination according to law.