Ottati (Migration)

The Administrative Appeals Tribunal considered the case of Mr Antonio Ottati, who sought review of a decision not to grant him a Temporary Skill Shortage (Class GK) visa (subclass 482) under the medium-term stream. The dispute centred on whether the applicant's proposed employer had successfully demonstrated that appropriate labour market testing had been undertaken for the nominated position of Chef.

The primary legal issue before the Tribunal was whether the nominator had met the requirements for labour market testing as stipulated by the relevant migration regulations. The Tribunal also considered the applicant's personal circumstances, including his relationship with an Australian citizen partner and his current employment, in the context of potential compassionate or exceptional circumstances that might warrant a different outcome.

The Tribunal noted that the initial nomination was refused due to a failure to demonstrate adequate labour market testing. While the nominator submitted evidence of advertisements on "Seek" and "Indeed," it was acknowledged that an incorrect advertisement had been provided to the Department. The nominator explained this as a genuine mistake and provided further evidence, including a letter from "Indeed" confirming an advertisement for the Chef position from May 2018 to January 2019, and a "Seek" advertisement from November to December 2018. The Tribunal accepted that the nominator, who owns restaurants in Melbourne, had made a genuine error but had subsequently provided sufficient information to comply with labour market testing requirements. The applicant, an Italian chef, had worked for his uncle (the nominator) in Australia until April 2021 but was unable to continue employment due to the COVID-19 pandemic. He was currently employed as a restaurant manager on the Gold Coast and was in a relationship with an Australian citizen, with whom he was considering a partner visa application. Despite these personal circumstances, the Tribunal found that the application of the relevant legislation led to the conclusion that the decision not to grant the visa should be affirmed.

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