Moraes (Migration)

The Administrative Appeals Tribunal considered an application by Rafael Moraes for a Temporary Skill Shortage (Class GK) visa (Subclass 482), short-term stream. The dispute centred on whether the nomination associated with Mr Moraes's visa application met the necessary legislative requirements.

The primary legal issue before the Tribunal was whether the nomination identified in Mr Moraes's visa application was approved, had been made by an approved work sponsor at the time of approval, and had not ceased. This requirement is stipulated by clause 482.212(1) of the relevant migration regulations.

The Tribunal reasoned that on 17 November 2021, it had affirmed a prior decision not to approve the nomination made by Australian Business Mobiles (NSW) Pty Ltd, which was the nomination linked to Mr Moraes's visa application. Consequently, as the associated nomination had not been approved, the Tribunal was not satisfied that Mr Moraes's visa application was supported by an approved nomination. The Tribunal concluded that because an essential requirement for the visa was not met, the decision under review had to be affirmed.

The Tribunal affirmed the decision not to grant Mr Moraes a Temporary Skill Shortage (Class GK) visa.