Baseeruddin (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for a Developer Programmer. The applicant's employer, Jasmine Technology Pty Ltd, had initially had its nomination of the applicant refused by the Department. The applicant sought review of this decision. The Tribunal, constituted by Member Alison Mercer, was required to determine whether the applicant met the criteria for the visa, specifically in light of the nomination status.

The primary legal issue before the Tribunal was whether clause 482.212(1) of Schedule 2 to the Regulations was satisfied. This clause requires that the nomination identified in the visa application be approved and made by an approved work sponsor who has not ceased to be approved. The Tribunal noted that it was not disputed that the nomination had been refused at the time of the delegate's decision.

The Tribunal reasoned that subsequent to the delegate's decision, Jasmine Technology Pty Ltd had sought and obtained review of the nomination refusal. On 31 March 2024, the Tribunal set aside the refusal and substituted a decision to approve the nomination. Consequently, the Tribunal found that clause 482.212(1) was now met. Given this finding, the Tribunal determined that the appropriate course was to remit the application to the Minister for reconsideration of the remaining visa criteria. The Tribunal directed that the applicant met clause 482.212(1).