Atif (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) in the short-term stream. The applicant, who was employed as an Education Adviser, did not have an approved nomination associated with her visa application. The original nominator, Pacific Institute of Training Pty Ltd, had ceased trading. The applicant had secured casual employment with a new employer willing to nominate her, but this was not currently possible due to her Bridging Visa status. The Tribunal was required to determine whether the applicant met the requirements for the Subclass 482 visa, specifically clause 482.212(1) concerning approved nominations.

The Tribunal considered clause 482.212(1) of the Migration Regulations 1994, which mandates that a visa application must be supported by an approved nomination made by an approved work sponsor that has not ceased. The applicant confirmed she did not have such a nomination. The Tribunal noted that the applicant had three children born in Australia, with the eldest having acquired Australian citizenship. The applicant was the primary caregiver and was employed casually, while her husband maintained his employment. Despite these compassionate circumstances, the Tribunal found that the applicant had not satisfied the requirement for an approved nomination by a standard business sponsor that had not ceased. Consequently, the Tribunal affirmed the decision not to grant the visa.

Although the visa requirements were not met, the Tribunal referred the case for Ministerial Intervention under section 351 of the Migration Act 1958. This referral was based on the strong compassionate circumstances, including the applicant's role as a primary caregiver to her Australian-born children, one of whom was an Australian citizen. The Tribunal respectfully recommended that the Minister consider exercising discretionary power in favour of the applicant. The decision affirmed the refusal of the Temporary Skill Shortage (Class GK) visas for the applicants.