Dhir Infotech Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application by Dhir Infotech Pty Ltd concerning a Temporary Skill Shortage (Class GK) visa, Subclass 482, in the short-term stream. The dispute centred on the Department's refusal to approve a nomination for the visa, which the Tribunal was asked to review.

The primary legal issue before the Tribunal was whether the applicant, a Software Tester, met the requirements of clause 482.212(1) of the Migration Regulations 1994. This clause pertains to the criteria for a Subclass 482 visa.

The Tribunal found that the requirements of clause 482.212(1) were satisfied. Consequently, the Tribunal determined that the appropriate course of action was not to substitute its own decision approving the visa, but rather to remit the matter to the Minister for further consideration of the remaining visa criteria. The Tribunal directed that the first named visa applicant met the specified criterion.