Wu (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482 (Temporary Skill Shortage) – Short-term stream, by Ms Wu. The applicant's employer, Dalegrove, sought to have an approved nomination in relation to Ms Wu's visa application. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the nomination for Ms Wu's visa application was approved, whether the nominated position of Contract Administrator was genuine and Ms Wu's intention to perform that occupation was genuine, and whether Ms Wu had worked in the nominated occupation or a related field for at least two years. These requirements are stipulated in clauses 482.212(1), 482.212(2), and 482.221 of Schedule 2 to the Migration Regulations.

The Tribunal found that the requirements of clause 482.212(1) were met, as it had set aside the departmental decision to refuse the nomination and replaced it with a decision to approve the nomination. Regarding clause 482.212(2), the Tribunal was satisfied that the nominated position of Contract Administrator was genuine, given the scale of Dalegrove's property development projects and its need for additional contract administrators. The Tribunal was also satisfied that Ms Wu's intention to perform the nominated occupation was genuine, based on her work history and evidence provided. Furthermore, the Tribunal found that Ms Wu met the requirement under clause 482.221, having worked in the nominated occupation or a related field for at least two years.

Consequently, the Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with a direction that Ms Wu met the criteria specified in clauses 482.212(1), 482.212(2), and 482.221 of Schedule 2 to the Regulations.