Bade (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream. The applicant sought review of a decision concerning their visa application. The decision-maker was the Tribunal, constituted by C. Packer.

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

The Tribunal found that the requirement of clause 482.212(1)(a) was met. This was because, on 24 January 2024, in a separate case, the Tribunal had set aside a previous decision not to approve the nomination by A.J.M. United Steels Pty Ltd and had substituted a decision approving that nomination. Having satisfied this criterion, the Tribunal determined that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining visa criteria.