Mercado (Migration)

The Administrative Appeals Tribunal (AAT) considered an application concerning a Temporary Skill Shortage (TSS) visa (Subclass 482). The applicant sought review of a decision related to their eligibility for this visa, which requires an approved nomination.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 482 visa, specifically cl 482.212(1) of Schedule 2 to the Regulations. The Tribunal was required to determine if the applicant satisfied these criteria based on the available evidence.

The Tribunal determined that a hearing was not necessary, as it could find in favour of the applicant based on the material before it, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria for the Subclass 482 visa.