Fioriti (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Temporary Skill Shortage (Class GK) visa, subclass 482 (medium-term stream). The applicant, who had been in Australia on various bridging visas since 2018, was nominated for the occupation of Chef. The Administrative Appeals Tribunal (AAT) had invited the applicant to a hearing and requested information regarding their skills, qualifications, and employment background. The applicant's representative responded by stating that the applicant was no longer employed by the original nominator and had secured a new nomination with an associated approved visa application. The representative subsequently requested the Tribunal to make a decision based on the available materials, leading to the cancellation of the scheduled hearing.

The primary legal issue before the Tribunal was whether the applicant met the common criteria for the grant of the visa, specifically clause 482.212, which requires the applicant to intend to work in the nominated occupation for the sponsor or an associated entity. The Tribunal was required to determine if the applicant's change in employment and nomination status affected their eligibility for the visa under review. The Tribunal also considered whether it could proceed to make a decision without a hearing, given the applicant's consent.

The Tribunal reasoned that a fundamental requirement for the visa was the intention to work for the nominator or an associated entity. The applicant's representative had informed the Tribunal that the original nomination was no longer available and that the applicant had obtained a new nomination and lodged a new visa application. In light of this information, and with the applicant's consent to proceed without a hearing, the Tribunal concluded that the essential requirements for the visa were not met. Consequently, the Tribunal affirmed the decision not to grant the visa.