Bapu (Migration)

The Administrative Appeals Tribunal considered an application by Mr Bapu for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, in the occupation of Electronics Engineer. The dispute centred on whether the applicant's nominated position was genuine and met the requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant's nomination for the subclass 482 visa was approved, as required by clause 482.212(1) of the Migration Regulations. This clause mandates that the nomination must have been approved by a person who was an approved work sponsor at the time of approval and has not ceased to be so. The Tribunal had to assess the evidence presented by both the applicant and the nominator against this regulatory requirement.

The Tribunal reviewed the delegate's original decision, which had found the nominated position not to be genuine. The delegate's reasoning focused on a perceived lack of alignment between the claimed duties and the occupation of Electronics Engineer, insufficient evidence regarding the volume of work, and a lack of demonstrated business progression and capacity to justify the need for a full-time engineer. However, the Tribunal also considered additional material provided by the nominator, including financial statements, an organisational chart, and employment documentation for the applicant. Based on this comprehensive review, the Tribunal determined that the matter should be reconsidered.

Consequently, the Tribunal remitted the application for a Temporary Skill Shortage (Class GK) visa for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 482.212 of Schedule 2 to the Regulations.