Yau (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for the occupation of Accountant (General). The applicant sought review of a decision that had not met the requirements of the visa. The decision under review was made by the Administrative Appeals Tribunal, presided over by Member Karen McNamara.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement under clause 482.231 of Schedule 2 to the Regulations, which mandates that an applicant must have worked in the nominated occupation or a related field for at least two years. The delegate who made the initial decision had found insufficient information to support the applicant's claims of employment as an Accountant.

The Tribunal considered the applicant's employment history, including remuneration received through trust distributions, which was noted as an unusual arrangement. However, after carefully reviewing all the information presented, including written evidence of the applicant's work history and experience that had not been before the original delegate, the Tribunal was satisfied on the balance of probabilities that the applicant had collectively worked as an Accountant for at least two years. Consequently, the Tribunal found that the applicant met the criterion in clause 482.231.

Given this finding, the Tribunal remitted the application for reconsideration by the Minister, with the direction that the applicant had satisfied the criterion under clause 482.231. The Minister was to consider the remaining criteria for the visa.