Ishihara (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for the occupation of Chef. The applicant sought review of a decision concerning their visa application.

The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the requirements of clause 482.212 of the Migration Regulations 1994. Specifically, the Tribunal considered whether the applicant's nomination for the position of Chef had been approved, whether the nominator was an approved sponsor at the time of approval and had not ceased to be one, and whether the applicant's intention to perform the nominated occupation was genuine, the position itself was genuine, and the applicant possessed the necessary skills, qualifications, and employment background.

The Tribunal found that the applicant satisfied clause 482.212(1) because the nomination, initially refused by the Department, had been set aside and approved by the AAT in a prior proceeding. The Tribunal 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 to perform the nominated occupation was genuine, the position was genuine, and the applicant possessed the requisite skills and qualifications, thus satisfying clauses 482.212(2) and (3).

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