Kayes (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, in the short-term stream. The applicant sought review of a decision concerning their nomination for the occupation of Cook. The primary dispute revolved around whether the applicant met the criteria for the visa, specifically concerning the approval of their nomination and their suitability for the nominated role.

The legal issues before the Tribunal were whether the applicant satisfied the requirements of clause 482.212 of the Migration Regulations 1994. This included determining if the nomination for the applicant was approved, made by an approved sponsor, and had not ceased. Additionally, the Tribunal had to assess 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 applicant met the requirements of clause 482.212. It noted that while the initial nomination was refused by the Department, the Tribunal had previously set aside that decision and substituted an approval for the nomination. 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, based on the evidence presented, that the applicant's intention and the nominated position were genuine, and that the applicant possessed the requisite skills and experience for the role of Cook.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the first named applicant met the criteria under clause 482.212. The visa outcomes for the second, third, and fourth named applicants, who applied as family members, were to be determined by reference to the outcome of the primary applicant's application upon remittal.