Yoon (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, short-term stream, for an applicant nominated as a hairdresser. The applicant sought review of a decision not to grant the visa.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically whether the applicant's intention to perform the nominated occupation was genuine and whether the nominated position was genuine, as stipulated by clause 482.212(2) of the Migration Regulations. A further consideration was whether all relevant criteria were satisfied at the time of the decision, pursuant to clause 482.2.

The Tribunal noted that the applicant had failed to provide requested information by the prescribed deadline, despite being invited to do so by the Tribunal on 15 March 2024. This information was sought to address criteria including the applicant's continued nomination by the sponsor and their employment history in Australia. As the applicant's last submission was in September 2021, the Tribunal lacked current information demonstrating the applicant's genuine intention to perform the nominated occupation or the sponsor's continued intention to nominate and employ the applicant. Consequently, the Tribunal was not satisfied that the requirements of clause 482.212(2) were met.

The Tribunal affirmed the decision not to grant the applicant the Temporary Skill Shortage (Class GK) visa, as an essential requirement for the visa had not been satisfied.