Pereira Alphonse (Migration)

This matter concerned an appeal by Mary Sonia Pereira Alphonse against a decision of the Administrative Appeals Tribunal (AAT) affirming the refusal of her Temporary Skill Shortage (Class GK) visa (subclass 482). The applicant sought to have her case referred for Ministerial Intervention.

The primary legal issue before the Tribunal was whether the applicant met the requirements of cl.482.212(1) of the Migration Regulations 1994, which mandates that the nomination lodged in support of the visa application must have been approved. The applicant also sought, in the alternative, a referral of her case to the Minister for consideration under the provisions for Ministerial Intervention, citing compassionate and compelling circumstances.

The Tribunal affirmed the decision not to grant the visa because the nomination made by Nazz Enterprises Pty Ltd in support of the applicant's visa application had been refused by the Tribunal on 29 January 2024. As an approved nomination is a prerequisite for the visa application to be considered, the applicant did not meet the requirements of cl.482.212(1). Despite the applicant's submissions detailing her family's long-term residence in Australia, her children's integration into the Australian education system and potential contributions to the healthcare sector, and her own work experience, the Tribunal found that the refusal of the nomination was determinative of the visa application.

However, the Tribunal acknowledged the applicant's submissions regarding her family's circumstances and the potential for unfair or unreasonable outcomes due to employer issues beyond her control. Consequently, the Tribunal requested that the matter be referred to the Department to be brought to the Minister's attention for consideration of Ministerial Intervention. The Tribunal affirmed the decision not to grant the Temporary Skill Shortage (Class GK) visas.