Griffiths (Migration)

The Administrative Appeals Tribunal considered an application for Temporary Skill Shortage (Class GK) visas, subclass 482, medium-term stream, for a chef. The applicants sought review of a decision not to grant them these visas.

The primary legal issue before the Tribunal was whether the applicants met the eligibility criteria for the visa, specifically concerning the requirement for an approved position nomination. The Tribunal also considered whether the applicants were members of the family unit for the purpose of the application.

The Tribunal noted that a fundamental requirement for this visa subclass is an approved nomination for the position. As there was no approved nomination in place at the time of the decision, this essential criterion was not met. The Tribunal also observed that the applicants did not respond to an invitation to provide comments or attend a hearing. Consequently, the Tribunal affirmed the original decision to refuse the visa.