TSIKAI (Migration)

This matter concerned an application for a Temporary Activity visa (Subclass 408) by an applicant who had received an offer of employment from a Commonwealth-funded aged care service. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant was in a class of persons specified in the relevant Instrument for the purposes of clause 408.229(c) of Schedule 2 to the Regulations, which is an essential requirement for the visa. This clause relates to the COVID-19 Pandemic event.

The Tribunal considered section 6 of the relevant Instrument, which prescribes specified classes of persons associated with the COVID-19 Pandemic event. Specifically, the Tribunal examined subsection (4) of section 6, which applies to an applicant who, at the time of application, is in Australia, is employed by or in receipt of an offer of employment from a Commonwealth-funded aged care service, and holds or recently held a relevant temporary visa. The Tribunal concluded that the applicant met the criteria outlined in this subsection, thereby satisfying clause 408.219A.

Consequently, the Tribunal remitted the application for a Temporary Activity (Class GG) visa for reconsideration, directing that the applicant meets the criteria for a Subclass 408 visa under clause 408.229 of Schedule 2 to the Regulations.