Bazeer (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for a Mechanical Engineer. The applicant sought review of a decision not to grant this visa.

The central legal issue before the Tribunal was whether the nomination identified in the visa application had been approved, made by an approved work sponsor at the time of approval, and had not ceased. This requirement is stipulated by clause 482.212(1) of the Migration Regulations.

The Tribunal reasoned that the nominating business, Aambianz Pty Ltd, lodged a nomination application for the position of Mechanical Engineer on 5 January 2021, which was subsequently refused. The Tribunal affirmed this refusal on 12 October 2023, finding that the nominating business failed to satisfy the labour market testing condition under section 140GBA of the Migration Act 1958. As the nomination had not been approved under section 140GB of the Act, the Tribunal concluded that the essential requirement of clause 482.212(1) was not met.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Temporary Skill Shortage (Class GK) visa.