De Filippi (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, short-term stream, where the applicant was a Web Developer. The Administrative Appeals Tribunal, constituted by Stephen Witts, was required to determine whether the applicant was the subject of a valid nomination for the visa.

The primary legal issue before the Tribunal was whether the nomination for the applicant's Subclass 482 visa was valid, specifically in light of Clause 482.212(1) of the Regulations, which requires an approved nomination made by an approved work sponsor that has not ceased. The Tribunal considered evidence relating to the nominator's financial capacity, the applicant's role and remuneration, and the nature of the applicant's engagement with the nominator.

The Tribunal noted that the Department had previously raised concerns about the nominator's financial capacity to support the applicant at the nominated salary. However, the Tribunal also considered more recent financial information demonstrating significant profit and turnover for the nominator, along with an organisational structure showing employees and the applicant's role as a Web Developer. The Tribunal also reviewed employment contracts and a consulting agreement, which indicated the applicant's salary and duties, as well as a period of overseas contracting. Despite the previous concerns and the nature of the consulting agreement, the Tribunal found that the applicant met certain criteria for the visa.

Consequently, the Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, for reconsideration by the Minister, with a direction that the applicant met the criteria under cl 482.212 of Schedule 2 to the Regulations.