De Paulo Soares (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, short-term stream. The applicant, De Paulo Soares, sought review of a decision concerning their visa application. The Administrative Appeals Tribunal (AAT) considered the matter.

The primary legal issue before the Tribunal was whether the applicant was the subject of an approved nomination as required by the Migration Regulations 1994. Specifically, the Tribunal had to determine if clause 482.212(1) of Schedule 2 to the Regulations had been satisfied.

The Tribunal reasoned that clause 482.212(1) mandates that the nomination identified in the visa application must be approved, made by an approved sponsor at the time of approval, and must not have ceased. In this instance, the nomination had been subsequently approved, the nominator was an approved sponsor at the time of approval, and the nomination had not ceased. Consequently, the Tribunal found that the requirements of clause 482.212(1) were met.

Given these findings, the Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with the direction that the applicant meets the criteria under clause 482.212 of Schedule 2 to the Regulations.