VAN DER ZWAN (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream. The applicant sought this visa with a nominated occupation of Food Technologist. The core of the dispute revolved around whether the applicant had fulfilled the requirement of having at least two years of related work experience.

The primary legal issue before the Tribunal was to determine if the applicant had completed at least two years of employment as a Food Technologist, as stipulated by clause 482.231 of the relevant regulations. This required the Tribunal to consider the definition and scope of the occupation of Food Technologist, particularly in relation to the Australian and New Zealand Standard Classification of Occupations (ANZSCO), and to assess the applicant's employment history against this definition.

The Tribunal considered the structure and purpose of ANZSCO, noting that an occupation is defined by a set of jobs with similar tasks, determined by the level and specialisation of skill required. Skill level, in turn, is a function of formal education, previous experience, and on-the-job training. While the applicant had provided evidence of employment as a store manager and waitress, and further evidence of relevant experience and an internship, the Tribunal found that the matter required reconsideration to properly assess the remaining criteria for the visa.

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