1900906 (Migration)

The Administrative Appeals Tribunal considered a decision concerning an applicant for a Temporary Skill Shortage (Class GK) visa (Subclass 482). The applicant sought review of a decision not to grant this visa, which was based on the occupation of Business Machine Mechanic. The core of the dispute revolved around the absence of an approved nomination for the applicant's visa application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1) of the Migration Regulations 1994, specifically the mandatory requirement for an approved nomination. The Tribunal also considered the applicant's submissions regarding alleged errors made by a previous migration agent, his ongoing employment with the nominator, and his relationship with an Australian citizen who has children with a rare medical condition.

The Tribunal reasoned that clause 482.212(1) mandates that the nomination identified in the visa application must be approved and not have ceased. The applicant confirmed he was not the subject of a valid nomination, and evidence indicated that the nominator's application for approval of the nomination had been refused and this decision was finally determined. Despite the applicant's explanation of the previous migration agent's alleged incompetence and the ongoing employer relationship, the Tribunal found that the requirements of clause 482.212(1) were not satisfied. However, acknowledging the applicant's personal circumstances, including his relationship with an Australian citizen and family medical issues, the Tribunal referred the matter for consideration of Ministerial Intervention under section 351 of the Migration Act 1958.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a Temporary Skill Shortage (Class GK) visa due to the failure to meet the nomination requirement. Nevertheless, the Tribunal respectfully recommended that the Minister exercise discretionary powers under section 351 of the Act.