Babrzadeh (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas, subclass 482, medium-term stream, for the occupation of Software Engineer. The applications were brought by Mr Yashar Babrzadeh and Ms Atousa Setayeshfar, the latter as a member of the family unit of the former. The applications were before the Tribunal for review.

The primary legal issue before the Tribunal was whether the applicants met the requirements of clause 482.212(1) of Schedule 2 to the Migration Regulations 1994, specifically concerning the approval of the nomination lodged by the employer, Wipehero Pty Ltd. This clause requires that the nomination be approved, made by an approved work sponsor at the time of approval, and has not ceased.

The Tribunal found that the nomination, initially refused by the Department, had subsequently been approved by the Tribunal itself on 13 December 2023, thereby satisfying clause 482.212(1)(a). Furthermore, the Tribunal was satisfied that Wipehero Pty Ltd was an approved standard business sponsor from 23 March 2020 to 23 March 2025, confirming they were an approved sponsor at the time of nomination approval and that the approval had not ceased, thus meeting the requirements of clauses 482.212(1)(b) and (c). Consequently, the Tribunal was satisfied that the first applicant met the requirements of clause 482.212(1) as a whole.

The Tribunal decided to remit the applications for reconsideration by the Minister, with a direction that the first named applicant, Mr Babrzadeh, meets the criteria specified in clause 482.212(1). The application of the second named applicant, Ms Setayeshfar, will be determined by reference to the outcome of Mr Babrzadeh’s application upon remittal.