Warnakula Patabendige (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) – medium-term stream, for an Accountant (General). The applicant, Mr Akila Sanuja Perera Warnakula Patabendige, was the first named applicant, with his son and wife applying as members of his family unit. The decision was made by Karen McNamara, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.231 of Schedule 2 to the Regulations, which mandates that an applicant has worked in the nominated occupation or a related field for at least two years. The delegate of the Department had previously been unsatisfied that the applicant had met this requirement, as the provided reference letter from Egans Personnel Pty Ltd did not sufficiently specify the position held or the main duties undertaken.

The Tribunal considered the entirety of the information before it and accepted written evidence demonstrating that the applicant had worked full-time as an Accountant with Egans Personnel Pty Ltd since February 2018. This evidence had not been before the original delegate. On this basis, the Tribunal was satisfied that the applicant had met the two-year work experience requirement under clause 482.231.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the first named applicant meets the criteria under clause 482.231. The applications of the second and third named applicants, who applied as family members, would be determined by reference to the outcome of the first applicant's reconsidered application.