ADABALA (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) in the short-term stream. The primary applicant sought review of a decision not to grant the visa, and the second, third, and fourth applicants sought review of decisions not to grant them the same visa as members of the family unit. The decision was made by Alison Mercer, a Member of the Tribunal.

The central legal issue before the Tribunal was whether the primary applicant met the requirements for the Subclass 482 visa, specifically clause 482.212(1), which mandates that the nomination identified in the visa application must have been approved under section 140GB of the relevant Act. The Tribunal also considered whether the secondary applicants met the criteria to be granted the visa as members of the family unit of the primary applicant.

The Tribunal reasoned that the primary applicant's nominated position was not supported by an approved nomination. The original nomination application by Arvensys Technologies Pty Ltd was refused by the Department, and a prior Tribunal decision confirmed it had no jurisdiction to review that refusal because the company had withdrawn its review application. Consequently, the Tribunal found that the requirement for an approved nomination under clause 482.212(1) was not met. As this was an essential criterion for the visa, the Tribunal affirmed the decision not to grant the primary applicant the visa.

Furthermore, the Tribunal affirmed the decision not to grant the second, third, and fourth applicants the visa. This was because they did not meet the secondary criteria requiring them to be members of the family unit of a Subclass 482 visa holder, and there was no evidence that they satisfied the primary visa criteria in their own right. The Tribunal therefore affirmed the decision not to grant the applicants Temporary Skill Shortage (Class GK) visas.