Bailey (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream. The applicant sought review of a decision not to grant the visa, with the core dispute revolving around the approval of the nomination lodged by the applicant's prospective employer.

The Tribunal was required to determine whether the nomination identified in the visa application had been approved in accordance with section 140GB of the *Migration Act 1958* (Cth) and clause 482.212(1) of the *Migration Regulations 1994* (Cth). This clause mandates that the nomination must be approved, made by an approved work sponsor at the time of approval, and must not have ceased.

The Tribunal reasoned that on 10 May 2022, it had reviewed the nominator's application and, based on the available information and oral evidence, concluded that the nomination application could not be approved. The applicant, as the sole director and owner of the business, was present during that review. Consequently, the Tribunal found that the requirement under clause 482.212(1)(a) was not met. As this was an essential requirement for the visa, the Tribunal affirmed the decision not to grant the applicant the visa.