Bachan (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas (Subclass 482) in the medium-term stream, with the nominated occupation being Accountant. The applicants sought review by the Administrative Appeals Tribunal of a decision by the Department of Home Affairs. The Tribunal, constituted by Member Antonio Dronjic, considered the applications based on the material before it, deeming a hearing unnecessary.

The primary legal issue before the Tribunal was whether the requirement for an approved nomination, as stipulated by clause 482.212(1) of the Migration Regulations 1994, had been met. This clause mandates that the nomination identified in the visa application must have been approved, made by an approved work sponsor at the time of approval, and must not have ceased. The Tribunal noted that the initial nomination application by the employer, Filpure Water Filtration Systems Pty Ltd, had been refused by the Department on 6 July 2021.

The Tribunal reasoned that subsequent to the Department's refusal, Filpure Water Filtration Systems Pty Ltd had successfully sought review of that decision. On 20 February 2024, the Tribunal set aside the Department's refusal and substituted a decision approving the nomination. Furthermore, the Tribunal was satisfied that Filpure Water Filtration Systems Pty Ltd was currently an approved standard business sponsor, with approval valid until 14 December 2025, and that the approval of the nomination had not ceased. Consequently, the Tribunal found that the cumulative requirements of clause 482.212(1) were now met.

Given these findings, the Tribunal determined that the appropriate course of action was to remit the applications to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the first named applicant met the criteria under clause 482.212(1) of Schedule 2 to the Regulations. The applications of the second and third named applicants, who applied as members of the primary applicant's family unit, would be determined by reference to the outcome of the primary applicant's application upon remittal.