Ardianto (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for the occupation of Chef. The applicant's employer, C&C Rocket Pty Ltd, had its nomination for the position initially refused by the Department. The applicant sought review of this refusal before the Tribunal, presided over by Member Mary Sheargold.

The primary legal issue before the Tribunal was whether the first named applicant met the requirements of cl 482.212(1) of Schedule 2 to the Migration Regulations 1994. This clause mandates that the nomination identified in the visa application must be approved, made by an approved work sponsor at the time of approval, and must not have ceased.

The Tribunal found that the applicant's employer's nomination had been approved on review by the Tribunal on 10 October 2024, setting aside the Department's earlier refusal. Consequently, the Tribunal was satisfied that the nomination was approved, was made by C&C Rocket Pty Ltd (an approved standard business sponsor until 29 March 2027), and had not ceased. Therefore, the Tribunal concluded that the requirements of cl 482.212(1) were met.

Given these findings, the Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister. The remittal was made with a direction that the first named applicant met the criteria under cl 482.212(1), with the Minister to consider the remaining visa criteria, including those pertaining to the secondary applicant.