O'Brien (Migration)

The Administrative Appeals Tribunal considered an application by O'Brien concerning a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream. The dispute centred on the applicant's eligibility for the visa, specifically in relation to an approved nomination for the position of Program or Project Administrator.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 482 visa, particularly as stipulated by cl 482.212 of Schedule 2 to the Regulations, which requires an approved nomination. The Tribunal was tasked with determining if the Department's decision to refuse the visa, based on an unapproved nomination, was correct.

The Tribunal, after reviewing the documentary evidence, concluded that a hearing was not necessary and that it could make a positive decision on the papers pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal found that the relevant nomination had been approved, thereby satisfying the requirement of cl 482.212. Consequently, the Tribunal decided to set aside the Department's refusal decision and substitute it with a decision approving the nomination.

As the nomination requirement was now met, the Tribunal determined that the appropriate course of action was to remit the visa application for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria for a Subclass 482 visa, specifically cl 482.212 of Schedule 2 to the Regulations.