Kantasuwan (Migration)

The Administrative Appeals Tribunal (AAT) considered a review concerning a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for the occupation of Chef. The applicant, Ms. Kantasuwan, sought review after her nominator's application for approval was initially refused by the Department.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212 of the Migration Regulations 1994. This clause pertains to the approval of a nomination for a Subclass 482 visa, requiring that the nomination be approved, made by an approved sponsor, and not have ceased. Additionally, the Tribunal had to consider whether the applicant's intention to perform the nominated occupation was genuine, whether the position itself was genuine, and whether the applicant possessed the necessary skills, qualifications, and employment background for the role.

The Tribunal found that the nomination for the applicant's position as a Chef had been approved on review by the AAT, and that the nominator was a standard business sponsor at the time of approval, with the nomination not having ceased. Furthermore, the Tribunal was satisfied, based on the evidence presented, that the applicant's intention to perform the nominated occupation was genuine, the position was genuine, and the applicant possessed the requisite skills and experience. Consequently, the Tribunal concluded that the applicant met the criteria under cl 482.212.

Given these findings, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met the criteria under cl 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.