Ferguson (Migration)

This matter concerned a review by the Administrative Appeals Tribunal (AAT) of a decision relating to a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) visa, short-term stream. The applicant sought review of the refusal of their visa application, which was linked to a nomination for the occupation of Technical Sales Representative.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212 of the relevant regulations. This clause pertains to the approval of the nomination for the visa. The Tribunal was required to determine if the nomination had been 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's intention to perform the nominated occupation was genuine, whether the position itself was genuine, and whether the applicant possessed the necessary skills, qualifications, and employment background.

The Tribunal found that the nomination, initially refused by the Department, had subsequently been approved by the AAT in a prior proceeding. It was satisfied that the nominator was a standard business sponsor at the time of approval and that the nomination had not ceased. Furthermore, the Tribunal was satisfied that the applicant's intention and the nominated position were genuine, and that the applicant possessed the requisite skills and experience. Given these findings, the Tribunal concluded that the applicant met the criteria under cl 482.212.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the first named applicant met the criteria under cl 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.