Angeleski (Migration)

The Administrative Appeals Tribunal (AAT) considered an application concerning a Temporary Skill Shortage (TSS) visa (subclass 482). The applicant sought review of a decision relating to their eligibility as a member of a family unit for the visa.

The central legal issue before the Tribunal was whether the primary review applicant met the criteria for a Subclass 457 visa, specifically clause 457.223(4)(da) of Schedule 2 to the Regulations.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable decision for the applicant based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the primary review applicant meets the specified criteria.