Couprie (Migration)

The applicant sought review of a decision by the Minister to refuse to grant a Temporary Skill Shortage (TSS) (Class GK) visa, subclass 482. The applicant's employer had lodged a nomination for the applicant to work in a nominated occupation. The Administrative Appeals Tribunal (AAT) was tasked with reconsidering the refusal decision.

The primary legal issue before the AAT was whether the applicant met the criteria for the grant of a subclass 482 visa, specifically in relation to clause 482.212(1) of Schedule 2 to the *Migration Regulations 1994* (Cth). This clause pertains to the applicant's qualifications and experience relevant to the nominated occupation.

The AAT Member, Jessica Henderson, determined that a hearing was not necessary, as the Tribunal could find in favour of the applicant based on the existing material, pursuant to section 360(2)(a) of the *Migration Act 1958* (Cth). The Tribunal remitted the application for reconsideration with a direction that the first applicant met the criteria under clause 482.212(1).