Lee (Migration)

The Administrative Appeals Tribunal considered an application by Ms. Lee for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for an Accountant (General) position. The applicant was employed by K S Queensland Pty Ltd, her nominator. The core dispute revolved around whether the applicant had a valid nomination that had not been withdrawn, as required by regulation 482.212 of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant met the criteria under regulation 482.212. The applicant had held a VC 485 visa, subject to condition 8501, and subsequently various bridging visas. The Tribunal noted that there was no evidence suggesting non-compliance with the conditions of her last substantive visa.

The Tribunal reasoned that, based on the evidence before it, the applicant had met the requirements of regulation 482.212. Consequently, the Tribunal decided that the matter should be remitted to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant met the criteria under cl 482.212 of Schedule 2 to the Regulations.