Chantawong (Migration)

The Administrative Appeals Tribunal (AAT) considered a review concerning a Temporary Skill Shortage (Class GK) visa, Subclass 482, short-term stream. The applicant sought review of a decision related to their application for this visa, with the primary issue revolving around the approval of a nomination for the occupation of Cook. The nominator was The First Gift Pty Ltd, trading as The Terrace Thai Restaurant.

The central legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the nomination for the applicant's position as a Cook was approved, if the nominator was an approved sponsor at the time of approval, and if the nomination had ceased. Additionally, the Tribunal considered whether the applicant genuinely intended to perform the nominated occupation, whether the position itself was genuine, and if the applicant possessed the necessary skills, qualifications, and employment background.

The Tribunal found that while the initial nomination was refused by the Department, a subsequent AAT decision had set aside that refusal and approved the nomination. The Tribunal was satisfied that the nominator was a standard business sponsor at the time of approval and that the nomination had not ceased, thus satisfying clause 482.212(1). Furthermore, based on the evidence presented, the Tribunal was satisfied that the applicant's intention to perform the nominated occupation was genuine, the position was genuine, and the applicant possessed the requisite skills and background for the role, satisfying clauses 482.212(2) and (3).

Consequently, the Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister. The Tribunal directed that the first applicant met the criteria under clause 482.212. The outcome for the second applicant, who applied as a member of the family unit, was to be determined by reference to the outcome of the first applicant's application upon remittal.