Ferrara (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas (Subclass 482) by Mr Cristian Ferrara, Ms Marta Ferrara, Ms Chiara Venerelli, and Ms Aurora Ferrara. The primary dispute revolved around the approval of the nomination lodged by the employer, Forait Pty Ltd, for the occupation of Hairdresser. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 482.212(1) of Schedule 2 to the regulations, which pertains to the approval of a nomination.

The Tribunal was tasked with assessing whether the nomination lodged by Forait Pty Ltd for the occupation of Hairdresser was approved, made by an approved sponsor, and had not ceased. The initial refusal of the nomination by the Department led to the refusal of the visa applications. However, on review, the Tribunal set aside the Department's decision and substituted a new decision to approve the nomination. The Tribunal was satisfied that Forait Pty Ltd was an approved sponsor at the time of nomination approval and that the nomination had not ceased, thus meeting the requirements of clause 482.212(1).

Having found that the first named applicant, Mr Cristian Ferrara, met the criteria under clause 482.212(1), the Tribunal determined that the applications of the other named applicants, who applied as members of his family unit, would be determined by reference to the outcome of Mr Ferrara's application. Consequently, the Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with the direction that the first named applicant met the nomination criteria.