Ashmore (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, specifically within the short-term stream. The applicant sought review of a decision relating to their visa application. The decision under review was made by the Tribunal, presided over by Member C. Packer.

The primary legal issue before the Tribunal was whether the applicant met the requirements of clause 482.212(1) of Schedule 2 to the Regulations, which 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 reasoned that a previous decision in case number 1928668, made on 14 July 2023, had set aside the original decision not to approve the nomination by MIM Group Pty Ltd and had substituted a decision approving the nomination. Consequently, the Tribunal found that the requirement under clause 482.212(1)(a) was satisfied. Given this finding, the Tribunal determined that the appropriate course of action was to remit the matter to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant be considered to meet the criteria under clause 482.212(1)(a).