Galesi (Migration)

The Administrative Appeals Tribunal (AAT) considered a case involving an applicant seeking a Temporary Skill Shortage (Class GK) visa (subclass 482) and their family members. The primary dispute concerned the Tribunal's jurisdiction to review the refusal of the visa application for the first applicant and whether the second and third applicants, who were family members, met the criteria for the visa.

The legal issues before the Tribunal were twofold: firstly, whether it possessed jurisdiction to review the decision to refuse the subclass 482 visa to the first applicant; and secondly, whether the second and third applicants qualified as members of the family unit of the primary visa applicant, thereby satisfying the relevant visa criteria.

The Tribunal determined that it lacked jurisdiction in relation to the first applicant. This was because, for a subclass 482 visa, a reviewable decision under section 338(2) of the *Migration Act 1958* (Cth) requires, among other things, that at the time of the refusal decision, either an approved nomination identifying the applicant was in effect, or a review of a decision not to approve the sponsor or the nomination was pending. In this instance, there was no approved nomination for the first applicant, nor was there a review pending concerning the refusal to approve the nomination. Consequently, the Tribunal affirmed the decision under review for the second and third applicants, as they did not meet the criteria for the grant of a subclass 482 visa, which was the only relevant visa subclass in this matter.