Yip (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Yip concerning a Temporary Skill Shortage (TSS) visa (Subclass 482). The applicant sought review of a decision relating to their eligibility for this visa, which requires an approved nomination.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 482 visa, specifically under cl 482.212(1) of Schedule 2 to the Migration Regulations 1994. The Tribunal was required to determine if the applicant satisfied these visa requirements.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable conclusion for the applicant based on the existing material, pursuant to s 360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria for the Subclass 482 visa.