Tarantino (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, made by Mr. Tarantino. The primary dispute concerned whether Mr. Tarantino had satisfied the requirement of having at least two years of work experience in his nominated occupation or a related field.

The Tribunal was required to determine if the evidence provided by Mr. Tarantino sufficiently demonstrated the requisite two years of full-time work experience as a tiler or in a related field, consistent with the criteria set out in clause 482.231 of Schedule 2 to the Regulations and relevant policy guidelines. These guidelines specify that work experience should generally be full-time, equivalent to 38 hours per week, and completed within the last five years, though part-time experience equivalent to two years full-time may be considered.

The Tribunal noted that Mr. Tarantino's resume detailed extensive work experience as a tiler and bricklayer from September 2006 to the present, including periods of self-employment and employment with various companies. While work references were provided, the Tribunal found that the provided documentation, including PAYG payment summaries and references, did not definitively establish the full-time nature and duration of the work experience in a manner that fully satisfied the visa requirements. Consequently, the Tribunal determined that the matter should be remitted to the Minister for reconsideration.

The Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa, subclass 482, for reconsideration, with a direction that the applicant meets the criteria under clause 482.231 of Schedule 2 to the Regulations.