Bej (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, subclass 482, medium-term stream, for a Chef. The applicant was sponsored by Sankranti Australia Pty Ltd. The Administrative Appeals Tribunal (AAT), with Member Alison Mercer presiding, reviewed a decision concerning the applicant's visa.

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

The Tribunal noted that at the time of the Department's initial decision, the nomination had not been approved. However, during the Tribunal's review, it set aside the Department's refusal and substituted a decision to approve the nomination. The Tribunal was satisfied that Sankranti Australia Pty Ltd was an approved standard business sponsor with a valid sponsorship until May 2028. Consequently, the Tribunal found that the nomination met the requirements of clause 482.212(1).

Given these findings, the Tribunal determined that the appropriate course of action was to remit the application for reconsideration by the Minister, with a direction that the applicant meets the criteria under clause 482.212(1). The Minister is to consider the remaining criteria for the visa.