The First Business Sponsorship from a New Company - Subclass 482 Visa Grant
CASE TYPE
The Applicant came to Australia on a Subclass 500 Student Visa and initially studied a Master of Business Administration, and applied for a Subclass 189 Visa (after lodging an Expression of Interest), which was refused on the basis that the Applicant had provided misleading and false information in their Expression of Interest application. The Applicant then applied to the Administrative Appeals Tribunal (AAT) for a review of the refusal on Subclass 189 Visa. We made a request for decision on papers to the AAT and the AAT affirmed the decision of the Department. Given the Applicant had a period of unlawfulness, she was subsequently holding a Bridging Visa E.
Throughout this process, the Applicant had further completed a Masters in Nursing and had secured employment as an Aged Care Nurse.
We then submitted a Ministerial Intervention Request to the Minister.
CASE STRATEGY
Immigration Solutions Lawyers prepared both a Preliminary and Detailed Submission in the Ministerial Intervention application. Additionally, we put to the Minister, that it is in the public interest for the Minister to exercise his discretionary power and to intervene in this compelling and compassionate case, given its impact in a sector which has suffered considerably prior to and during COVID-19, where we find health care, in particular aged care, in dire need of skilled workers and if there is a failure to intervene, we would see the disturbance to a critical sector of health, which has already struggled significantly in most recent years.
We lastly ensured all relevant documentation was provided to the Minister and his delegates, including supporting evidence, employer reference letters, positive skills assessment etc.
CASE OUTCOME
The Minister for Immigration, Citizenship and Multicultural Affairs, the Hon Andrew Giles MP, has personally considered the Applicants case and has decided to exercise his public interest power to substitute the decision of the Tribunal with a more favourable decision by granting a Temporary visa. The Applicant may now apply for a skilled visa as a Nurse, which if granted, will allow them to reside in Australia as a Permanent Resident.
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